5.


Enforcement

5.1. Enforcement in debt

After the judgment is notified to the debtor, the debtor has one month to appeal. After that, the judgment becomes executive, meaning that the bailiff can start forced execution. In France, only bailiffs have the authority to handle enforcement of judicial decisions. At this stage, the debtor has no choice. They have to either pay or become bankrupt.

5.2. Enforcement in movable property

This is the standard procedure where the bailiff visits the debtor to take away movable property for liquidation in favour of the creditors. The bailiff can’t seize the property that is necessary for the debtor’s basic daily life or that enables them to maintain their business activities. The bailiff will always ask our opinion on seizing and selling the debtor’s property.

5.3. Enforcement in immovable property

If the debtor owns real estate, the bailiff can issue an order of attachment of real estate (“saisie immobilière”). In France, very few companies own any real estate, so the enforcement in immovable property is very rarely used.

5.4. Expected time frame

The enforcement time frames depend on the financial situation of the debtor.


(End of chapter 5 - Enforcement)

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