The Council of Ministers of the Organization for the Harmonization of Business Law in Africa (OHBLA);

Mindful of the Treaty on the Harmonization of Business Law in Africa, in particular Articles 2 and 5 to 12 thereof;

Mindful of the report of the Permanent Secretary and the observations of the Contracting States;

Mindful of the opinion of the Joint Court of Justice and Arbitration dated 23 March 1998;

The Contracting States present have deliberated upon and unanimously adopted the Uniform Act set out below:

The recovery of an unquestionable debt due for immediate payment may be secured through the injunction to pay procedure.

The injunction to pay procedure may be initiated where:

(1) the debt arises from a contract;

(2) the commitment arises from the issuance or acceptance of any negotiable instrument, or any cheque for which cover was found to be inexistent or insufficient.

The request shall be made in the form of a petition to the competent court of the residence or place of abode of the debtor, or one of the debtors, in the case of several debtors.

The parties may derogate from the above rules of jurisdiction through the election of residence in the contract.

Lack of jurisdiction may only be raised by the court to which the matter is referred or by the debtor during the examination of the opposition filed by him.

The petition shall be filed or sent by the petitioner or his representative, authorized by the law of each Contracting State to represent him in court, to the registry of the competent court.

It shall contain, under penalty of inadmissibility:

(1) the full names, professions and residences of the parties or, for corporate bodies, their legal form, name and registered office;

(2) an indication of the exact amount of the claim and an account of the different components of the debt, as well as the basis therefor.

It shall be accompanied by the originals or certified true copies of the documents in proof.

Where the petition emanates from a person not resident in the State of the competent court to which the matter is referred, it shall contain, under the same penalty, election of residence in the jurisdiction of the said court.

Where, upon examination of the documents produced, the request seems to be founded in whole or in part, the president of the competent court shall pronounce an injunction to pay a sum to be determined by him.

Where the president of the competent court dismisses the petition in whole or in part, his decision shall be final against the creditor, save where he follows the procedures of ordinary law.

The originals of the petition and the injunction to pay shall be preserved by the registrar, who shall issue a copy thereof to the petitioner. The original documents annexed to the petition shall be returned to the petitioner, and their certified true copies shall be preserved in the court registry.

Where the petition is dismissed, it shall be returned to the petitioner together with the documents produced.

A certified true copy of the petition and the injunction to pay issued in conformity with the provisions of the preceding article shall, on the initiative of the creditor, be notified to each of the debtors by extrajudicial act.

The injunction to pay shall be null and void where it is not notified within three months from its date of issuance.

Under penalty of being declared void, notification of the injunction to pay shall contain a summons:

- either to pay the creditor the amount fixed by the injunction as well as interest and registry fees the amount of which shall be specified;

- or, where the debtor intends to avail himself of a defence, to enter an opposition; the opposition shall have the effect of referring the initial request by the creditor and the whole case file to the court.

Under the same penalty, the notification shall:

- indicate the time limit within which the opposition shall be filed, the court before which it shall be taken and the form in which it shall be made;

- inform the debtor that he may take cognizance, at the registry of the competent court whose president pronounced the injunction to pay, of the documents produced by the creditor and that in the absence of an opposition within the prescribed time limit, he may no longer exercise the right to any remedy and may be forced by any legal means available to pay the sums claimed.

The ordinary remedy against the injunction to pay shall be an opposition which shall be brought before the competent court whose president pronounced the injunction to pay.

The opposition shall be made by extrajudicial act.

The opposition shall be filed within fifteen days following notification of the injunction to pay. This period shall be increased, taking into consideration the distance.

However, where the debtor has not personally received notification of the injunction to pay, the opposition shall be admissible up to the expiry of the fifteen-day period following the first act notified to the person or, failing this, following the first act of performance which shall render inalienable all or part of the debtor's property.

The opposing party shall, under penalty of forfeiture and in the same act as that of the opposition:

- notify his opposition to all the parties and to the registry of the court which pronounced the injunction to pay;

- serve a summons to appear before the competent court on a fixed date not exceeding a period of thirty days from the opposition.

The court to which the opposition is referred shall attempt a conciliation. Where the conciliation succeeds, the president shall draw up a conciliation report which shall be signed by the parties. One copy thereof shall contain an executory clause.

Where the conciliation attempt fails, the court shall immediately rule on the petition for recovery, even in the absence of the debtor who filed the opposition, by a decision which shall have the effect of a decision after trial.

The petitioner in the injunction to pay shall bear the burden of proving his claim.

The ruling of the court before which the opposition is brought shall supersede the injunction to pay.

The ruling made on the opposition may be appealed against under the conditions of the national law of each Contracting State. However, the time limit for the appeal shall be thirty days from the date of such ruling.

In the absence of an opposition within fifteen days from notification of the injunction to pay or, in the case of withdrawal by the debtor who filed the opposition, the creditor may request the insertion of an executory clause in the ruling.

Such insertion shall produce the effects of a decision after trial and shall not be liable to appeal.

The request to insert the executory clause shall be filed at the registry by a written or verbal declaration.

The decision shall be void where the creditor's request was not presented within two months following the expiry of the time limit for the opposition or withdrawal by the debtor.

The certified true copies of the documents produced by the creditor and provisionally preserved at the registry shall be returned to him at his request from the time of the opposition or at the moment where an executory clause shall be added to the decision.

There shall be kept at the registry of each court a register numbered and initialled by the president of the court, in which shall be entered the full names, profession and residence of creditors and debtors, the date of the injunction to pay or of refusal to grant the injunction, the amount and cause of the debt, the date of issuance of the copy, the date of the opposition, where it is filed, the date on which the parties were convened and the ruling made on the opposition.

Any person who claims to be the creditor of an obligation to deliver or restitute specific, tangible, personal property may petition the president of the competent court to order such delivery or restitution.

The request for delivery or restitution shall be made by petition lodged with or addressed to the registry of the competent court of the domicile or place of abode of the debtor of the obligation to deliver or restitute. The parties may derogate from the jurisdiction rule by means of election of residence provided for in the contract.

Lack of jurisdiction may only be raised by the court to which the matter is referred or by the debtor during the examination of the opposition filed by him.

Under penalty of inadmissibility, the petition shall contain:

- the full names, professions and residences of the parties and, in the case of corporate bodies, the name, legal form and registered office;

- an exact description of the property which is being reclaimed.

It shall be accompanied by the original or the certified true copy of all documents in proof of the petition.

Where the court hearing the petition dismisses it, its decision shall be final against the creditor except where he follows the procedure of ordinary law.

Where the petition appears founded, the president of the competent court shall make a ruling at the bottom of the petition ordering delivery or restitution of the property under litigation.

The originals of the petition and the injunction shall be preserved by the registrar, who shall issue a copy thereof to the petitioner.

The original documents produced in proof of the petition shall be returned to the petitioner and certified true copies shall be filed in the registry.

Where the petition is dismissed, it shall be returned to the petitioner together with the documents produced.

The decision ordering delivery or restitution, accompanied by the certified true copies of the documents produced in proof of the petition, shall be notified by extrajudicial act to the person required to deliver, on the initiative of the creditor.

Notification shall, under penalty of being declared void, contain the summons to proceed, within a period of fifteen days:

- either to transfer, at the deliverer's cost, the property named to a given place under the conditions indicated;

- or, where the holder of the property can avail himself of a defence, to file an opposition to the court which made the ruling, by written or verbal declaration against a receipt or by registered letter with a request for acknowledgement of receipt or by any means showing written evidence, failing which the decision shall become enforceable.

The decision ordering delivery or restitution shall be void where it has not been notified within three months from the date of issuance.

Opposition to the decision ordering delivery or restitution shall be subject to the provisions of Articles 9 to 15 of this Uniform Act.

Where there is no opposition within the period prescribed under Article 16 above, the petitioner may request the president of the competent court to enter an executory clause on the decision.

The conditions of such request shall be those provided for by Articles 17 and 18 of this Uniform Act.

In the absence of voluntary execution, any creditor may, regardless of the nature of his claim and under the conditions provided for in this Uniform Act, compel the defaulting debtor to honour his obligations towards him or take preventive measures to secure his rights.

Save in the case of a debt secured by a mortgage or of a preferential debt, execution shall be carried out primarily on personalty and, where this is insufficient, on immovable property.

The State shall be required to lend assistance in the execution of decisions and in other writs of execution.

The executory clause shall entail a direct requisition of the police force.

Any default or refusal by the State to lend assistance shall commit its liability.

Compulsory distraint and preventive measures shall not apply to persons enjoying immunity from execution.

However, any unquestionable debts due for payment belonging to public corporations or enterprises, regardless of their form and mission, may equally be compensated with unquestionable debts due for payment belonging to any person owing them, subject to reciprocity.

The debts of the corporations and enterprises referred to in the preceding paragraph may only be considered as unquestionable, within the meaning of the provisions of this article, where they arise from an acknowledgement by the said corporations and enterprises of the debts or of a writ enforceable on the territory of the State where the corporations and enterprises are based.

Compulsory distraint shall be available only to a creditor who can show an unquestionable debt due for immediate payment, subject to the provisions relating to the apprehension and claim of movables.

With the exception of the auction sale of immovable property, compulsory distraint may be pursued to term by virtue of a writ of provisional execution.

Execution shall then be carried out at the creditor's risk, in that where the writ is subsequently modified, he shall fully make good any damage caused by the execution, with no room for fault on his part.

The following shall constitute writs of execution:

(1) court decisions bearing an executory clause and decisions enforceable immediately;

(2) foreign writs and decisions as well as arbitration awards declared enforceable by a court decision not liable to any remedy at law suspending execution, of the State in which the writ is invoked;

(3) conciliation reports signed by the judge and the parties;

(4) notarial deeds bearing an executory clause;

(5) decisions to which the national law of each Contracting State recognizes as a court decision.

Where a court decision is invoked against a third party, a certificate of no appeal and opposition shall be produced indicating the date of notification of the decision to the losing party. The certificate shall be issued by the registrar of the court which made the ruling concerned.

Any person who, on the occasion of a measure to ensure the execution or protection of a claim, avails himself of a document, shall be required to notify such document or give a copy thereof, except where it has been notified before, unless otherwise provided for in this Uniform Act.

Where the seizure concerns tangible property, the distrainee debtor or a third party holder in whose hands the distraint was carried out shall be deemed to be custodian of the objects seized, subject to the sanctions provided for under the criminal law.

The act of seizure shall render inalienable the property targeted by the act.

A debtor whose property has already been seized shall, under penalty of damages, within five days of knowing about the seizure, disclose to any new creditor seizing the same property, the existence of a previous seizure and the identity of the person who carried it out. He shall, in addition, produce the act of seizure.

The same obligation shall apply to a third party holding the property for the debtor.

The creditor thus informed shall bring to the notice of other creditors who are parties to the proceedings all documents and information which this Uniform Acts makes compulsory to notify by virtue of its Articles 74 to 76 below.

Notification of the act of seizure to the debtor, even in the case of a sequestration, shall interrupt the time limit.

Third parties may not obstruct proceedings aimed at enforcing or protecting a claim. They shall lend support to such proceedings where so required by law. Failure by them to fulfil these obligations may make them liable to pay damages. A third party in whose hands is the property seized may also, under the same conditions, be ordered to pay for the object seized, barring his action against the debtor.

A debtor may not compel a creditor to receive part payment of a debt, even a divisible debt.

However, taking into account the situation of the debtor and considering the needs of the creditor, the competent court may, save for claims for alimony and exchange debts, postpone or reschedule payment of the sums owed over a period of one year. The court may also rule that payments shall first be made on the principal debt.

It may, in addition, order that these measures be subject to the fulfilment by the debtor of acts necessary to facilitate or guarantee payment of the debt.

The deposit of sums, negotiable instruments or securities ordered by the court as a guarantee or as a preventive measure shall confer a preferential right on the pledgee.

Where the legal conditions are met, the bailiff or process-server may enter a place whether used as an abode or not and, as the case may be, open doors and movables.

In the absence of the occupant of the premises, or where the occupant denies access, the bailiff or process-server may put a guard at the doors to prevent any misappropriation. He shall request the competent administrative authority or the police or the gendarmerie to be present during the operations.

Under the same conditions, he may proceed to open the movables.

Where seizure is carried out in the absence of the debtor or of any other person on the premises, the bailiff or process-server shall ensure that the door or opening through which he entered the premises is closed.

The bailiff or process-server may request to be assisted by one or two adult witnesses who shall not be relatives or allies of the direct line to the parties and are not in their service. In such case, he shall state in the report their names, occupations and residences. The witnesses shall sign the original and copies of the report.

The bailiff or process-server may photograph the objects seized. The photographs shall be preserved by him with a view to the verification of the objects seized. They may only be disclosed in the event of a dispute brought before the competent court.

No act of performance shall be carried out on a Sunday or a public holiday except in the case of necessity and by virtue of a special authorization of the president of the court in whose jurisdiction the enforcement is carried out.

No act of performance may be begun before 8 a.m. or after 6 p.m., save in case of necessity, with the authorization of the competent court and only in places not used as dwellings.

The distraining party may not, except by virtue of necessity ascertained by the competent court, take part in the seizure operations.

The costs of the compulsory distraint shall be borne by the debtor, save where it is clear that they were not warranted at the time they were incurred.

Save where they concern an act whose performance is provided for by the national law of each Contracting State or by this Uniform Act, or is authorized by the competent court, costs incurred for recovery without an executory clause shall be borne by the creditor. At his request, however, the competent court may transfer all or part of the costs incurred to the mala fide debtor.

The bailiff or process-server may, whenever he encounters any difficulty in executing a writ of execution, take the initiative to refer the matter to the competent court.

The bailiff or process-server shall deliver, at the expense of the debtor, a writ of summons to the parties and inform them of the date, time and place of the hearing during which the difficulty shall be examined. He shall disclose to the parties the fact that a ruling may be made in their absence.

The competent authority to rule on all disputes or petitions relating to a forced act of performance or sequestration shall be the president of the court ruling in urgent proceedings, or the judge delegated by him.

His decision may be appealed against within a period of fifteen days from its pronouncement.

The time limit for appeal and the exercise of the right to appeal shall not bar enforcement unless otherwise specially decided, with reasons therefor, by the president of the competent court.

Seizures may be carried out on all property belonging to the debtor, even where the said property is held by a third party, save where it has been declared inalienable by the national law of each Contracting State.

They may also be carried out on conditional claims, future debts or successive execution debts. The procedures proper to these obligations shall be binding on the seizing creditor.

Inalienable property and rights shall be defined by each of the Contracting States.

Inalienable debts whose amounts are paid into an account shall remain inalienable.

Where an account, even a joint account, supplied by the earnings and salary of one spouse under community of property, is subject to a forced act of performance or sequestration for the payment or guarantee of a debt incurred by the other spouse, there shall immediately be placed at the disposal of the spouse under community of property a sum of his choice equivalent to the earnings and salary paid into the account during the month preceding the seizure or to the average monthly amount of earnings and salary paid in during the twelve months preceding the seizure.

Any person whose claim appears in principle to be founded may, by petition, pray the competent court of the residence or place of abode of the debtor for an authorization to take preventive measures on all the tangible or intangible personal property of his debtor, without prior summons to pay, where he can show justifiable circumstances which are likely to jeopardize the collection.

Prior authorization by the competent court shall not be necessary where the creditor avails himself of a writ of execution.

The same shall apply in the case of default in payment, duly ascertained by an accepted bill of exchange, promissory note, cheque or unpaid rent after a summons to pay as soon as it becomes due and by virtue of a written lease for a house.

Sequestration may be carried out on all the tangible or intangible personal property belonging to the debtor. It shall render such property inalienable.

Where the seizure concerns a claim in the form of a sum of money, the act of seizure shall make it inalienable up to the amount authorized by the competent court or, where such authorization is unnecessary, up to the amount for which the seizure is made.

Seizure shall, as of right, entail deposit of the sums made inalienable and shall confer on the distrainor a possessory lien.

Where seizure is carried out on property in the hands of a banking establishment or similar financial establishment, the provisions of Article 161 shall apply.

The decision ordering sequestration shall, under penalty of being declared void, specify the amount of the sums in guarantee of which the preventive measure is authorized and also the nature of the property targeted.

The authorization of the competent court shall be null and void where the sequestration was not executed within a period of three months from the date of the decision authorizing the seizure.

Save where the sequestration was carried out with a writ of execution, the creditor shall, within one month following the said sequestration and under penalty of being declared void, institute proceedings or complete the necessary formalities for the obtainment of a writ of execution.

Where the seizure is carried out on property in the hands of a third party, copies of the documents justifying the proceedings shall be forwarded to the third party within a period of eight days from the date of issuance.

Even where prior authorization is not required, the competent court may, at any time at the request of the debtor, after hearing the creditor or summoning him to appear, order the release of the sequestration where the distrainor fails to show proof of fulfilling the conditions prescribed by Articles 54, 55, 59, 60 and 61 above.

The petition for a release order shall be brought before the competent court which authorized the measure. Where such measure was taken without prior authorization, the petition shall be brought before the court of the residence or place of abode of the debtor.

Other disputes, notably those relating to the enforcement of the measure, shall be brought before the competent court of the place of the seized property.

After reminding the debtor that he is required to indicate any of his property which had been the object of a previous seizure and to furnish him with the report thereof, the bailiff or process-server shall draw up a seizure report containing, under penalty of being declared void:

(1) a reference of the authorization of the competent court or the writ authorizing the seizure; these documents shall be annexed to the original of the writ or to the certified true copy thereof;

(2) the full names and residences of the distrainee and distrainor or, in the case of corporate bodies, their legal form, name and registered office;

(3) election of residence in the place of the competent court where the act of sequestration is done, where the creditor is not resident there; any notification or offer may be made at such elected residence;

(4) a detailed description of the property seized;

(5) where the debtor is present, his statement concerning any previous seizure of the same property;

(6) a statement in bold characters that the seized property is inalienable, that it is in the custody of the debtor or third party agreed upon by the parties or, failing this, by an urgent court ruling, that it may neither be alienated nor moved except in the case provided for by Article 97 below, under penalty of criminal sanctions, and that the debtor is required to disclose the present seizure to any creditor undertaking a new seizure on the same property;

(7) a statement in bold characters of the debtor's right, where the validity conditions of the seizure are not met, to petition the competent court of his place of residence for a release of the seizure;

(8) a designation of the court before which shall be brought other disputes, notably those relating to the execution of the seizure;

(9) an indication, where applicable, of the names and capacity of the persons who took part in the seizure operations and who shall append their signatures to the original and the copies; in the case of a refusal, mention thereof shall be made in the report;

(10) a reproduction of the penal provisions attending the misappropriation of the objects seized, as well as those of Articles 62 and 63 above.

Application may be made of the provisions of Article 45 above.

Where the debtor is present during the seizure operations, the bailiff or process-server shall verbally remind him of the contents of Article 64 (6) and (7) above.

A copy of the report bearing the same signatures as the original shall immediately be handed to him; such handing over shall be equivalent to notification.

Where the debtor is not present during the seizure operations, a copy of the report shall be notified to him and he shall be given a period of eight days to inform the bailiff or process-server about any details relating to any previous seizure and to send him the report thereof.

The provisions of Articles 99 and 103 below shall apply to sequestration, where such arrestation is carried out on property in the hands of the debtor.

Where sequestration is carried out on property in the hands of a third party, the procedure shall be as provided for by Articles 107 to 110 and 112 to 114 inclusive below.

Where seizure is carried out without a prior court authorization in accordance with Article 55 above, the provisions of Article 105 below shall apply.

The report of the seizure shall be notified to the debtor within a period of eight days. It shall additionally contain, under penalty of being declared void:

(1) a copy of the authorization of the competent court or, where applicable, of the writ which authorized the seizure;

(2) a statement in bold characters of the debtor's right, in the case where the conditions of validity of seizure are not met, to petition the court of his own place of residence for a release of the seizure;

(3) a reproduction of Articles 62 and 63 above.

The incidents relating to the execution of the seizure shall, where necessary, be subject to the provisions of Articles 139 to 146 below.

A creditor in possession of a writ of execution showing the existence of his claim, shall notify to the debtor a conversion deed containing, under penalty of being declared void:

(1) the full names and residences of the distrainee and the distrainor or, in the case of corporate bodies, their legal form, name and registered office;

(2) reference to the report of the sequestration;

(3) a copy of the writ of execution, save where such writ has already been entered in the report of the seizure, in which case it shall simply be mentioned;

(4) a separate account of the sums payable in principal, costs and accrued interest, as well as an indication of the interest rate;

(5) a summons to pay the said sum within a period of eight days, failing which the property seized shall be sold.

The conversion may be entered in a deed notifying the writ of execution.

Where the seizure is carried out on property in the hands of a third party, a copy of the conversion deed shall be disclosed to such third party.

On the expiry of the eight-day period from the date of the conversion deed, the bailiff or process-server shall proceed with a verification of the property seized. A report shall be drawn up of missing or damaged property.

In the report, the debtor shall be informed that he has a period of one month to sell the property seized by private sale, under the conditions prescribed in Articles 115 to 119 below.

Where the property is no longer found at the place where it was seized, the bailiff or process-server shall enjoin the debtor to inform him within a period of eight days of the place where it is found and, where it has been subject to seizure for sale, to supply to him the name and address of the bailiff or process-server who undertook the seizure for sale or the creditor on whose account it was seized.

Where there is no response, the creditor shall petition the competent court which may order the supply of the said information, subject to a daily fine for delay, without prejudice to prosecution for misappropriation of the objects seized.

Where there is no private sale within the prescribed period, the seized property shall be forcibly sold in accordance with the procedure laid down for seizure for sale.

Where the debtor has no fixed residence or where his residence or establishment is found in a foreign country, the competent court to authorize and settle disputes relating to the seizure of his property shall be the court of the residence of the creditor.

The distrainor shall be custodian of the property, where the property is held by him; otherwise a custodian shall be appointed.

The applicable procedure shall be the one prescribed for sequestration.

The bailiff or process-server who carries out a sequestration of property made inalienable by one or more previous sequestrations shall serve a copy of the report of seizure to each of the creditors whose action preceded his.

Where property seized as a preventive measure is subsequently subject to seizure for sale, the bailiff or process-server shall serve the report of the seizure to the creditors who carried out previous sequestrations.

Similarly, the deed converting a sequestration into a seizure for sale shall be notified to the creditors who, before the said conversion, carried out a preventive seizure on the same property.

Where the debtor makes proposals for a private sale, the distraining creditor who accepts the said proposals shall, by registered letter with acknowledgement of receipt or by any other means in writing, notify the contents of the proposals to the creditors who carried out a preventive seizure on the same property, either before the act of seizure or before the deed of conversion, as the case may be. Under penalty of being declared void, the letter or means used shall reproduce in bold characters the following three paragraphs.

Each creditor shall, within a period of fifteen days from receipt of the registered letter or other means used, take a decision on the proposals of private sale and inform the distraining creditor of the nature and amount of his claim.

Where there is no reply within the given period, the creditor shall be deemed to have accepted the sale proposals.

Where, within the same period, the creditor does not give any indication on the nature and amount of his claim, he shall lose the right to share in the distribution of the proceeds from the private sale, save enforcing his claim to any balance after sharing.

The distraining creditor who undertakes the removal of property with a view to its forced sale shall, by registered letter with acknowledgement of receipt or by any other means in writing, inform the creditors who have carried out a sequestration of the same property before the act of seizure or deed of conversion, as the case may be. Under penalty of being declared void, the said letter or means used shall indicate the name and address of the auxiliary of justice in charge of the sale and reproduce in bold characters the following paragraph.

Each creditor shall, within a period of fifteen days from receipt of the registered letter or means used to inform him of the removal of the property with a view to selling it, inform the auxiliary of justice in charge of the sale of the nature and amount of his claim on the day of the removal. Where there is no reply within the given period, he shall lose the right to share in the distribution of the proceeds from the forced sale, save enforcing his claim to any balance after sharing.

The creditor shall carry out the seizure by way of a deed from the bailiff or process-server notified to the third party in conformity with the provisions of Articles 54 and 55 above.

The deed shall contain, under penalty of being declared void:

(1) a statement of the full names and residences of the debtor and the distraining creditor or, in the case of corporate bodies, their name, legal form and registered office;

(2) election of residence in the area of jurisdiction of the court where the seizure will be made, where the creditor does not reside there; any notification or offer may be made at such elected residence;

(3) an indication of the court authorization or the writ authorizing the seizure;

(4) a detailed account of the sums for which the seizure is carried out;

(5) a prohibition to a third party from disposing of the sums claimed, up to the amount he owes the debtor;

(6) a reproduction of the provisions of the second paragraph of Article 36 above as well as those of Article 156 below.

Where there is no private arrangement, any interested party may request by petition that the sums seized be consigned in the hands of a depositary designated by the court of the residence or place of abode of the debtor.

The handing over of the funds to the depositary shall stop the interest owed by the garnishee from accruing.

Within a period of eight days and under penalty of being declared void, the sequestration shall be disclosed to the debtor by deed of a bailiff or process-server.

The said deed shall contain, under penalty of being declared void:

(1) a copy of the court authorization or the writ authorizing the seizure;

(2) a copy of the report of the seizure;

(3) a statement in bold characters of the debtor's right, where the validity conditions of the seizure are not met, to petition the court of his place of residence to release the seizure;

(4) a designation of the court before which shall be brought other disputes, notably those relating to the execution of the seizure;

(5) a reproduction of the provisions of Articles 62 and 63 above.

A garnishee shall be required to furnish the bailiff or process-server with the information required under Article 156 below and to submit to him copies of all documents in proof. The information shall be mentioned in the report.

A garnishee who, without legitimate cause, fails to supply the information required shall expose himself to paying the sums which warranted the seizure, where the said seizure is converted into a seizure-award, subject to any action he may take against the debtor.

He may also be ordered to pay damages in case of faulty negligence or inaccurate or false declaration.

Where third party declarations are not challenged before the deed of conversion, such declarations shall be deemed to be accurate for purposes of the seizure.

A creditor in possession of a writ of execution showing the existence of his claim, shall serve the garnishee a deed of conversion which shall contain, under penalty of being declared void:

(1) the full names and residences of the distrainee and the distrainor or, in the case of corporate bodies, their legal form, name and registered office;

(2) a reference to the report of the sequestration;

(3) a copy of the writ of execution, save where such writ has already been communicated during the notification of the report of the seizure, in which case it shall simply be mentioned;

(4) a separate account of the sums payable in principal, costs and accrued interest, as well as an indication of the interest rate;

(5) a request for payment of the sums previously indicated, up to the amount which the third party acknowledged or has been declared to be owing.

The deed shall inform the third party that within that limit, the request entails immediate award of the debt seized for the benefit of the creditor.

A copy of the deed of conversion shall be served to the debtor.

With effect from such notification, the debtor shall have a period of fifteen days within which to challenge the deed of conversion before the court of his residence or of his place of abode.

Where there is no challenge, the third party shall make the payment to the creditor or to his representative on the presentation of a registry certificate showing that there is no challenge.

Payment may be made before the expiry of the period where the debtor has declared in writing that he is not challenging the deed of conversion.

The provisions of Articles 158 and 159, 165 to 168, of the second and third paragraphs of Article 170, Articles 171 and 172 below shall apply.

Partnership rights and transferable securities shall be sequestrated by notification of a deed to the persons mentioned in Article 236 below. The said deed shall contain, under penalty of being declared void, the provisions of Article 237 below, subject to (3) where an indication of the writ of execution may be replaced by that of the authorization of the competent court to carry out the sequestration.

Within a period of eight days, under penalty of being declared void, the sequestration shall be notified to the debtor by a deed containing, under penalty of being declared void:

(1) a copy of the court authorization or document authorizing the seizure;

(2) a copy of the report of the seizure;

(3) a statement in bold characters of the debtor's right, where the conditions of validity of the seizure are not met, to petition the court of his place of residence for the release of the seizure;

(4) a designation of the court before which shall be brought the other disputes, notably those relating to the execution of the seizure;

(5) election of residence in the jurisdiction of the court of the place of execution of the seizure, where the creditor is not resident there; any notification or offer may be made at such elected residence;

(6) a reproduction of Articles 62 and 63 above.

The provisions of Article 239 below shall apply.

The creditor in possession of a writ of execution showing the existence of his claim, shall notify the debtor of the deed of conversion into a seizure for sale which shall contain, under penalty of being declared void:

(1) the full names and residences of the distrainee and the distrainor or, in the case of corporate bodies, their legal form, name and registered office;

(2) the reference to the report of the sequestration;

(3) a copy of the writ of execution, save where such writ has already been communicated during the notification of the report of the seizure, in which case it shall simply be mentioned;

(4) a separate account of the sums payable in principal, costs and accrued interest, as well as an indication of the interest rate;

(5) a summons to pay the said sum, failing which the property seized shall be sold;

(6) a statement in bold characters that the debtor has a period of one month to carry out the private sale of the securities seized, under the conditions provided for by Articles 115 to 119 below;

(7) a reproduction of Articles 115 to 119 below.

A copy of the deed of conversion shall be served to the garnishee.

The sale shall be conducted in conformity with Articles 240 to 244 below.

Any creditor in possession of a writ of execution showing a debt due for immediate payment may, after notification of a summons, proceed to the seizure and sale of the tangible property belonging to his debtor, whether the said property is held by the debtor or not, in order to be paid from the sale price.

Any creditor who fulfils the same conditions may join the seizure operations by way of opposition.

The seizure shall be preceded by a summons to pay served at least eight days before the seizure to the debtor and containing, under penalty of being declared void:

(1) a mention of the writ of execution authorizing the proceedings, with a separate account of the sums claimed in principal, costs and accrued interest, as well as an indication of the interest rate;

(2) a summons to settle the debt within a period of eight days, failing which he may be compelled to pay through the forced sale of his personal property.

Where the creditor is not resident within the territorial jurisdiction of the court where the proceedings are pursued, the summons shall contain election of residence until the end of the proceedings. But where there is a change of residence before the end of proceedings, the change shall be notified to the debtor.

The summons shall be served to the person or at residence. It may not be served at the elected residence. It may be issued in the notification deed of the writ of execution.

All the distrainable tangible personalty belonging to the debtor may be seized for sale, including property which was previously seized as a preventive measure. In the latter case, Articles 88 to 90 above shall apply.

Where no property is liable to seizure or has no clear market value, the bailiff or process-server shall draw up a report of the default, save where the creditor requires that the execution be continued.

Seized property shall be inalienable. Where, for legitimate reasons, it has to be moved, the custodian of the property shall be required to inform the creditor thereof beforehand, save in the case of absolute urgency.

In any case, he shall indicate to the creditor the place where the property shall be kept.

Upon expiry of the eight-day period starting from an unproductive summons to pay, the bailiff or process-server may, using the writ of execution as justification, enter a place used whether as a dwelling or not, under the conditions provided for by Articles 41 to 46 above.

Before any seizure operation, where the debtor is present, the bailiff or process-server shall verbally reiterate the request for payment and inform the debtor that he is required to point out the property which may have been the subject of a previous seizure.

The bailiff or process-server shall draw up an inventory of the property. The deed of seizure shall contain, under penalty of being declared void:

(1) the full names and residences of the distrainee and the distrainor or, in the case of corporate bodies, their legal form, name and registered office; any election of residence by the distrainor;

(2) a reference to the writ of execution authorizing the seizure;

(3) a statement of the person to whom the writ is left;

(4) a detailed description of the objects seized;

(5) where the debtor is present, a declaration by him concerning any previous seizure of the same property;

(6) a statement in bold characters that the property is inalienable, that it is placed in the custody of the debtor, that it may not be transferred or moved, save in the case provided for by Article 97 above, under penalty of criminal sanctions, and that the debtor is required to disclose the present seizure to any creditor who may carry out a new seizure of the same property;

(7) a statement in bold characters that the debtor has a period of one month to carry out a private sale of the property seized, under the conditions provided for by Articles 115 to 119 below;

(8) a designation of the court before which shall be brought any disputes relating to the seizure for sale;

(9) a statement, where need be, of the names and capacities of the persons who were present during the seizure operations, who shall append their signatures to the original and copies; in case of refusal, mention thereof shall be made in the report;

(10) a reproduction of the penal provisions governing misappropriation of the objects seized, as well as those of Articles 115 to 119 below:

(11) a reproduction of Articles 143 to 146 below.

Where the debtor is present during the seizure operations, the bailiff or process-server shall remind him verbally of the provisions of (6) and (7) of the preceding article. He shall also remind him of the option he has of making a private sale of the property seized, under the conditions provided for by Articles 115 to 119 below.

Mention shall be made of these declarations in the report of the seizure. A copy of the report bearing the same signatures as the original shall immediately be handed to the debtor to serve as notification.

Where the debtor is not present during the seizure operations, a copy of the report of the seizure shall be served to him and he shall be given a period of eight days to disclose to the bailiff or process-server the existence of any previous seizure and furnish him with the report thereof.

The debtor shall continue to use the property made inalienable by the seizure except in the case of consumable goods. In such case, he shall be required to respect the estimated value in exchange made at the time of seizure.

However, the competent court may, on an ex parte petition, at any time, even before the commencement of the seizure operations and after hearing the parties or the parties having been duly summoned, order the return of one or more objects to a depositary it shall designate.

Where, among the objects seized is found a motor-vehicle, the competent court may, after hearing the parties or the parties having been duly summoned, order its immobilization pending removal for sale by any means not causing any deterioration to the vehicle.

Sums in cash may be seized up to the amount of the claim of the distrainor. They shall be kept by the bailiff or process-server or at the registry chosen by the distraining creditor.

Mention shall be made thereof in the report of the seizure, which shall also indicate, under penalty of being declared void, that the debtor has a period of fifteen days, from notification of the said report, to challenge it before the court of the place of seizure, which shall be designated in the report.

Where the seizure is challenged and there is no order for payment to the creditor or restitution to the debtor, the court may order the deposit of the amount claimed.

Where the seizure is not challenged within the prescribed period, the sums shall immediately be paid to the creditor. They shall be deducted from the total amount claimed.

Where the seizure concerns property held by a third party and in premises used as a dwelling by the third party, it shall be authorized by the court of the place of location of the property.

On presentation of the summons to pay in conformity with Article 92 to 94 above notified to the debtor and on the expiry of the period of eight days after the date of the summons on presentation, where possible, of the court authorization provided for in the preceding article, the bailiff or process-server may seize in the hands of a third party any property held by the latter for the debtor.

Following the same procedure, the creditor may also carry out a seizure on himself where he is in legitimate custody of property belonging to his debtor.

The bailiff or process-server shall invite the third party to declare the property in his custody belonging to the debtor and, among such property, the objects which may have been subject to a previous seizure.

In case of refusal to declare or of an inaccurate or false declaration, the third party may be ordered to pay for the objects targeted by the seizure, subject to taking legal action against the debtor. He may also be ordered to pay damages.

Where the third party declares that he is not holding any property belonging to the debtor or where he refuses to make a declaration, a statement shall be drawn up on the matter and submitted or notified to the third party with an indication in bold characters of the sanction referred to in the preceding article.

Where the third party declares that he is holding property for the debtor, an inventory shall be made thereof bearing, under penalty of being declared void:

(1) the reference of the document authorizing the seizure;

(2) the date of seizure, the full name and residence of the distrainor or, in the case of a corporate body, its legal form, name and registered office; election of residence, where need be;

(3) the full name and residence of the debtor or, in the case of a corporate body, its legal form, name and registered office;

(4) a statement of the name and residence of the third party;

(5) the third party's declaration and in bold characters an indication that any inaccurate or false declaration shall expose him to an order to pay for the objects targeted by the seizure, without prejudice to an order to pay damages;

(6) a detailed description of the property seized;

(7) a statement in bold characters that the objects seized shall be inalienable, that they are placed in the custody of a third party, that they may not be transferred or moved, except as provided for by Article 97 above, under penalty of criminal sanctions, and that the third party is required to disclose the present seizure to any creditor who may carry out a seizure on the same property;

(8) a statement that the third party may avail himself of the provisions of Article 112 below, which shall be reproduced in the document;

(9) a statement that the third party may enforce his rights on the property seized, by declaration or registered letter with acknowledgement of receipt or by any means in writing addressed to the bailiff or process-server of the distraining creditor;

(10) a designation of the court before which shall be brought any challenges relating to the seizure for sale;

(11) an indication, where need be, of the names and capacities of the persons who were present during the seizure operations, who shall append their signatures to the original and the copies; in case of refusal, mention thereof shall be made in the report;

(12) a reproduction of the penal provisions governing the misappropriation of seized objects.

Where the third party is present during the seizure, the bailiff or process-server shall verbally remind him of the contents of Article 109 (5), (7) and (8) above. Mention shall be made of this declaration in the report. A copy of the report of the seizure bearing the same signatures as the original shall immediately be handed to him; such handing over shall be tantamount to notification.

Where the third party is not present during the seizure operations, a copy of the report of the seizure shall be served to him and he shall be given a period of eight days to disclose to the bailiff or process-server the existence of any previous seizure on the same property and to forward to him a report thereof.

A copy of the report shall be served to the debtor not later than eight days after the seizure.

Under penalty of being declared void, it shall be indicated that the debtor has a period of one month to sell the seized property privately under the conditions prescribed in Articles 115 to 119 of this Act, which shall be reproduced.

The third party may refuse custody of the seized goods. He may, at any time, request to be discharged of them. The bailiff or process-server shall make provision for the appointment of a custodian and for the removal of the goods.

Subject to the right of user which the third party may have on the seized property, the competent court may, at any time, even before the seizure operations and after hearing the parties or after duly summoning them, order the return of one or more objects to a depositary designated by the court.

Where, among the objects seized, there is a motor vehicle, it may, under the same reserve, be immobilized in the hands of a third party until its removal for sale, following a hearing or summoning of the parties, by any means not involving any deterioration to the vehicle.

Where the third party avails himself of a possessory lien on the seized property, he shall inform the bailiff or process-server thereof by registered letter with acknowledgement of receipt or through any means in writing, save where he had made a declaration thereof at the time of the seizure.

Within a period of one month, the distraining creditor may challenge such possessory lien before the competent court of the residence or place of abode of the third party. The property shall remain inalienable during the proceedings.

Where there is no challenge within the period of one month, the third party's claim shall be deemed to be founded for the purposes of the seizure.

Any debtor against whom is carried out a forced act of performance may voluntarily, under the conditions defined below, sell the seized property and use the proceeds to pay the creditors.

The debtor shall have a period of one month from notification of the report of the seizure to sell the seized property himself.

The seized property shall remain inalienable under the responsibility of the custodian. In no case may it be moved before the deposit of the proceeds provided for in Article 118 below, save in the case of absolute urgency.

The debtor shall inform the bailiff or process-server in writing of the offers which have been made to him and shall indicate the name and address of the eventual purchaser as well as the period within which such purchaser offered to deposit the proposed price.

The bailiff or process-server shall forward these details to the distraining creditor and opposing creditors by registered letter with acknowledgement of receipt or by any means in writing.

These shall have a period of fifteen days to decide whether to accept the private sale, refuse it or propose themselves as purchasers.

Where there is no response, they shall be deemed to have accepted.

The forced sale may only be carried out after the expiry of the period of one month prescribed in Article 116 above, increased, where need be, by the fifteen-day period given the creditors to respond to the offer.

The sale price shall be deposited in the hands of the bailiff or process-server or at the registry, as decided by the distraining creditor.

The transfer of the property and delivery of the goods shall be subject to the deposit of the price.

Failing such deposit within the agreed period, the forced sale shall be carried out.

Save where refusal to authorize the sale results from an intention to injure the debtor, the liability of the creditor may not be invoked.

The sale shall be carried out by auction by the auxiliary officer of justice empowered to do so by the national law of each Contracting State, either in the place of the seized objects, in a hall or an open market whose geographical location is most appropriate to attract competitive bidding at little cost.

Where there is disagreement between the creditor and the debtor over the place where the sale shall take place, the competent court, ruling on urgent matters, shall pass judgment on the dispute within five days of the matter being referred to it by the earliest party.

Publication of the sale shall be done by posters indicating the place, date and time of sale and the nature of the seized goods.

The posters shall be affixed at the town hall of the residence or place of abode of the debtor, at the neighbouring market and at any other appropriate place, as well as at the place of the sale, where such sale shall take place in a different place.

The sale may also be announced in the written or spoken press.

Publication shall be carried out upon the expiry of the period prescribed by the last paragraph of Article 117 above and at least fifteen days before the date fixed for the sale.

The bailiff or process-server shall certify that the publication formalities have been complied with.

The debtor shall be informed by the bailiff or process-server of the place, date and time of the sale not less than ten days before the day by registered letter with a request for acknowledgment of receipt or by any other means in writing. Mention shall be made thereof in the certificate as provided for in Article 122 above.

Before the sale, the composition and nature of the goods seized shall be verified by the officer in charge of the sale. A report thereof shall be drawn up. Only missing objects and damaged ones shall be mentioned in the report.

The sale shall be made to the highest bidder after three calls. The price shall be payable in cash, failing which, the item shall be resold following an irresponsible bid by the highest bidder.

The sale shall be stopped once the price of the property sold is sufficient to pay the amount of the object of the seizure and oppositions in principal, interest and costs.

A report of the sale shall be drawn up. Such report shall contain a description of the property sold, the amount of the sale and a statement declaring the names of the purchasers.

The auctioneer or any other auxiliary officer of justice charged with the sale shall be personally liable for the sale price and he may not receive any sum above the auction price, without prejudice to the applicable criminal sanctions.

Any disputes relating to the seizure for sale shall be brought before the court of the place of seizure.

Any creditor who fulfils the conditions provided for under Article 91 of this Uniform Act may join a seizure in progress on the property of the debtor by means of an opposition and carry out, where need be, a supplementary seizure.

No opposition may be received after the property has been verified.

Under penalty of being declared void, the opposition shall indicate the writ of execution authorizing it, a separate account of the sums claimed in capital, costs and accrued interest, as well as an indication of the interest rate.

The opposition shall be notified to the first distraining creditor, where the opposition is not initiated by him, to make a new claim or extend the basis of the previous seizure.

It shall also be notified to the debtor.

The first distraining creditor shall continue the sale alone.

Any opposing creditor may extend the initial seizure to other property. A report of the supplementary seizure shall be drawn up under the conditions provided for by Articles 100 to 102 above.

The said report shall be served to the first distraining creditor and to the debtor.

The right to start a supplementary seizure shall also be exercised by the first distraining creditor.

Where, on the occasion of a seizure, the debtor presents to the creditor the report drawn up during a previous seizure, the creditor shall proceed by way of opposition as prescribed in Article 131 above. He may, on the spot, carry out a supplementary seizure under the conditions prescribed by Articles 100 to 102 above.

The report of the supplementary seizure shall be served to the first distraining creditor at the same time as the opposition; the whole document shall be served to the debtor.

In the case of an extension of the initial seizure, the forced sale of the seized property shall only take place upon the expiry of all the periods prescribed for the private sale of the property.

However, a forced sale may be carried out immediately of property for which the period prescribed for private sale has expired, either with the approval of the debtor or authorization of the competent court, or where the publication formalities were already complied with at the time of the opposition.

Where the first distraining creditor fails to proceed with the formalities of the forced sale upon the expiry of prescribed periods, any opposing creditor shall, after an unproductive summons to carry on the sale within a period of eight days, subrogate him as of right.

The first distraining creditor shall be discharged of his obligations. He shall be required to make the useful documents available to the subrogated creditor.

Release of the seizure may only result from a ruling of the competent court or from the approval of the first distraining creditor and the opposing creditors.

Nullity of the first seizure shall not entail nullity of the oppositions, save where such nullity results from an irregularity in the execution of the seizure operations.

The nullity shall always be without effect on any supplementary seizure.

Only distraining creditors or opposing creditors who had made known their claim before the verification of the seized property as prescribed by Article 124 above, and those who, before the seizure, had taken preventive measures on the same property, shall be allowed to enforce their rights on the sale price.

Any petitions relating to ownership or distrainibility shall not obstruct the seizure but shall suspend the procedure for the seized property concerned.

A debtor may request the annulment of seizure on property which does not belong to him.

A third party who claims ownership of seized property may petition the competent court to order the diversion thereof.

Under penalty of inadmissibility, the petition shall specify the components on which the right of ownership is founded. It shall be served to the distraining creditor, the distrainee and to the custodian, where applicable. The distraining creditor shall implicate the opposing creditors by registered letter with acknowledgement of receipt or by any means in writing.

The distrainee debtor shall be heard or shall be summoned to attend.

The action for diversion shall cease to be admissible after the sale of the seized property; after which the only course of action shall be for recovery of the property.

However, a third party recognized as owner of property already sold may, up to the distribution of the proceeds of the sale, divert the price from which costs have not been deducted.

Disputes relating to distrainability of the property included in the seizure shall be brought before the competent court by the debtor, bailiff or process-server, proceeding as in the case of difficulties of enforcement.

Where undistrainability is invoked by the debtor, the proceedings shall be started within a period of one month from notification of the act of seizure.

The creditor shall be heard or shall be summoned to attend.

Nullity of the seizure due to a defect of form or substance, other than undistrainability of the property seized, may be requested by the debtor up to the sale of the seized property.

The distraining creditor shall notify the opposing creditors.

Where the seizure is declared void before the sale, the debtor may petition for restitution of the seized property, where it is in the hands of a third party, without prejudice to liability action taken in accordance with the provisions of ordinary law.

Where the seizure is declared void after the sale, but before distribution of the price, the debtor may petition for restitution of the proceeds of the sale.

The court which annuls the seizure may leave the burden of all or part of the costs incurred on the debtor, where such debtor refrained from petitioning for annulment in time.

The petition for annulment shall not suspend the seizure operations, unless otherwise provided for by the court.

Crops and fruits nearing maturity may be seized before being moved from the ground. The seizure shall be open only to the creditor of the person who is entitled to the fruits. It may not be carried out, under penalty of being declared void, more than six weeks before the usual maturity period.

Under penalty of being declared void, the report of the seizure shall be drawn up in conformity with the provisions of Article 100 above, except (4) thereof, which shall be replaced by a description of the land on which the crops are found, its capacity, situation and an indication of the nature of the fruits.

The report shall be signed by the mayor or head of the administrative unit where the property is situated and a copy thereof shall be left with him.

The crops shall be placed under the responsibility of the debtor as custodian. However, at the request of the distraining creditor, the competent court may designate someone to manage the farm, after hearing the debtor or summoning him.

The sale shall be announced by way of notices posted at the town hall or at the place where deeds of public authorities are posted and at the market nearest to the place where the crops are found.

The notices shall mention the date, time and place of the sale and shall indicate the land on which the crops are found, as well as the capacity of the land and nature of the fruits.

Posting of the notices shall be recorded as in the case of seizures for sale.

The sale shall be carried out, in accordance with the provisions of Articles 120 et seq, at the place where the crops are found or in the nearest market.

All the formalities prescribed for seizures for sale shall be observed.

Any creditor in possession of a writ of execution showing a debt due for immediate payment may, in order to secure payment of the debt, seize in the hands of a third party the debt owed by his debtor in the form of a sum of money, subject to the special provisions relating to attachment of earnings.

The act of seizure shall be enforced out for a specific amount, including all accessories thereto but for that amount only. It shall be for immediate award to the distrainor of the debt which is found in the hands of a third party.

The sums seized shall be made inalienable by the act of seizure. Such act shall make any third party personally indebted for the object of the seizure within the limit of his obligation.

Any acts of seizure served during the same day in the hands of the same third party shall be deemed to be drawn up simultaneously. Where the sums available are not enough to pay off all the distraining creditors, the said creditors shall have the same rank and rights.

Subsequent service of other seizures or of any other measure of deduction, even from preferential creditors, shall not modify the above allocation, notwithstanding the provisions organizing collective procedures.

Where an attachment of debts is without effect, subsequent seizures and deductions shall take effect on their due dates.

A garnishee shall be required to declare to the creditor the extent of his obligations towards the debtor, as well as any clauses which could affect such obligations and, where need be, any previous transfers of debts, assignment of debts or seizures. He shall communicate a copy of the documents in proof.

The above declaration and communication shall be done on the spot to the bailiff or process-server and shall be mentioned in the act of seizure, or where the writ is not notified in person, within at most five days. Any inaccurate, incomplete or late declaration shall expose the garnishee to an order to pay for the object of the seizure, without prejudice to an order to pay damages.

The creditor shall undertake the seizure through a writ served to the third party by the bailiff or process-server.

The writ shall contain, under penalty of being declared void:

(1) an indication of the full names and residences of the debtor and the creditor or, in the case of corporate bodies, their legal form, name and registered office;

(2) a statement of the writ of execution authorizing the seizure;

(3) a separate account of the sums claimed in principal, costs and accrued interest, increased by provision for interest to accrue within a period of one month provided for raising an opposition;

(4) an indication that the garnishee is personally liable towards the garnisher and that he is estopped from disposing of the sums seized within the limit of what he owes the debtor;

(5) a word for word reproduction of Articles 38 and 156 above and 169 to 172 below.

The writ shall show the time when it was served.

The seizure of debts in the hands of a person living abroad shall be notified by personal service or service at the place of abode.

Where seizure is carried out in the hands of receivers, depositaries or trustees of public funds and monies, in those capacities, it shall not be valid where the writ of seizure is not delivered to the person empowered to receive it or to any person delegated by him, and where it is not endorsed by such person on the original or, in the case of refusal, by the Legal Department which shall immediately notify the heads of the services concerned thereof.

Within a period of eight days, under penalty of being declared void, the seizure shall be disclosed to the debtor by deed of the bailiff or process-server.

The said deed shall contain, under penalty of being declared void:

(1) a copy of the writ of seizure;

(2) an indication in bold characters that oppositions shall be raised, under penalty of inadmissibility, within a period of one month from notification of the deed, and the date when such period shall expire, as well as the designation of the court before which disputes may be brought.

Where the deed is served personally, the above indications shall also be verbally brought to the knowledge of the debtor. Mention of the verbal declaration shall be made in the act of disclosure.

The deed shall remind the debtor that he may, in writing, authorize the creditor to cause the garnishee to pay to him forthwith the sums or parts thereof which are owed the debtor.

Where the seizure is carried out in the hands of a banking establishment or similar financial establishment, the establishment shall be required to declare the nature of the account(s) of the debtor as well as the balance therein on the date of the seizure.

Within a period of fifteen working days following the seizure and during which the sums left in the account shall be inalienable, the said balance may be entered to the credit or debit of the distrainor by the following transactions, once it is established that their date preceded the seizure:

(a) credit entry:

- deposits made previously with a view to cashing cheques or negotiable instruments not yet entered in the account.

(b) debit entry:

- the charge on cheques deposited for cashing or credited to the account before the seizure, but returned unpaid;

- withdrawals made by cash dispenser before the seizure and payments by card, where the beneficiaries were effectively credited before the seizure.

Notwithstanding the provisions of the second paragraph, negotiable instruments returned to discount and not paid on presentation or on their due date, where such date is subsequent to the seizure, may be endorsed within a period of one month following the seizure.

The balance seized shall only be affected by these hypothetical debit and credit transactions where their aggregate result is negative and higher than the sums not affected by the seizure on the day they are settled.

Where the inalienable sums diminish, the establishment shall, by registered letter with acknowledgement of receipt or by any means in writing addressed to the garnisher at most eight days after the expiry of the period of endorsement, furnish a statement of all the transactions which affected the account from the day of the seizure inclusive.

Where the debtor has different accounts, payment shall be made by deducting primarily the funds visibly available, save where the debtor prescribes payment in a different manner.

Where the seizure is carried out on a joint account, it shall be disclosed to each holder of the account.

Where the names and addresses of the other account holders are not known to the bailiff or process-server, the latter shall request the establishment holding the account to inform them immediately of the seizure and of the amount of money claimed.

The garnishee shall make payment on presentation of a certificate from the registry showing that no dispute was filed within one month following disclosure of the seizure or on presentation of the enforceable decision of the court dismissing the opposition.

Payment may equally take place before the expiry of the opposition period, where the debtor declares in writing that he is not challenging the seizure.

Payment shall be made against a receipt to the distraining creditor or his specially empowered representative, who shall immediately inform his mandator thereof.

Such payment shall extinguish the obligation of the debtor and of the garnishee up to the amount of the sums paid.

Where an opposition is raised, any party may request the competent court by petition to designate a depositary to whom the garnishee shall pay the sums seized.

Where seizure concerns successive enforcement debts, the third party shall be released as and when the instalments are paid, under the conditions provided for in paragraph (1) of Article 165 above.

The garnishee shall be informed by the creditor of the extinguishment of his debt even where the sums have been paid to a depositary in accordance with Article 166 above by registered letter with acknowledgement of receipt or by any means in writing.

The seizure shall no longer be effective where the garnishee ceases to be bound towards the debtor. The garnishee shall inform the creditor thereof by registered letter with a request for acknowledgement of receipt or by any means in writing.

In case of refusal by the garnishee to pay the sums he admits to be owing or in which he has been ruled debtor, his opposition shall be brought before the competent court which may issue a writ of execution against him.

Disputes shall be brought before the court of the residence or of abode of the debtor. Where the latter has no fixed residence, disputes shall be brought before the court of the residence or of abode of the garnishee.

Under penalty of inadmissibility, disputes shall be brought before the competent court by writ of summons within a period of one month from the disclosure of the seizure to the debtor.

The garnishee shall be summoned to the hearing of the dispute.

A distrainee debtor who has not raised any objection within the prescribed period may take action in recovery of payment made by mistake before the competent court hearing the merits of the case, following the rules which apply to such action.

The competent court shall give effect to the seizure for the uncontested fraction of the debt. Its judgment shall be enforceable forthwith.

Where it appears that neither the amount of the distrainor's claim nor the debt owed by the garnishee may be seriously challenged, the competent court may provisionally order payment of a sum it shall determine and, where necessary, prescribe guarantees.

The ruling of the court settling the dispute shall be liable to appeal within fifteen days from its notification.

The time limit for the appeal and the declaration of appeal shall bar enforcement, unless otherwise specially decided, with reasons therefor, by the competent court.

Any creditor in possession of a writ of execution showing a debt due for immediate payment may take proceedings to attach the earnings due by an employer to his debtor.

The attachment of sums due as remuneration, regardless of the amount thereof, to any salaried person or worker, in any capacity and any place whatsoever, for one or more employers, may only be effected after an attempt at conciliation before the competent court of the residence of the debtor.

Earnings may not be subject to sequestration.

There shall be kept at the registry of each court a register numbered and initialled by the president of the court, in which shall be recorded all writs of any nature whatsoever, decisions and formalities arising from transfers and attachments of earnings from work.

Earnings may only be assigned or attached in the proportions determined by each Contracting State.

The basis of calculation of the attachable part of earnings shall be the gross salary or wages with extra earnings, after deducting:

- the compulsory legal taxes and levies deducted at source;

- allowances representing costs;

- allowances, increases and supplements for family responsibilities;

- allowances declared unattachable by the laws and regulations of each

Contracting State.

The aggregate of sums seized or voluntarily transferred may not, even for claims of alimony, exceed a limit fixed by each Contracting State.

Where a debtor receives from several payers the sums attachable or transferable under the conditions provided for by the present Part, the attachable fraction shall be calculated on the entire amount of the sums. Any deductions shall be made in accordance with the terms and conditions determined by the competent court.

The request aimed at prior conciliation shall be made by petition addressed to the competent court by the creditor.

The request shall contain:

(1) the full name and address of the debtor;

(2) the name and address of his employer or, in the case of a corporate body, its legal form, name and registered office;

(3) a separate account of the sums claimed in principal, costs and accrued interest and an indication of the interest rate;

(4) the existence of any preferential right;

(5) indications relating to the method of payment of the sums attached.

A copy of the writ of execution shall be joined to the petition.

The place, date and time of the conciliation attempt shall be notified to the creditor by registered letter with acknowledgement of receipt or by any other means in writing.

The registrar shall convene the debtor by registered letter with acknowledgement of receipt or by any other means in writing at least fifteen days before the hearing.

The convening letter shall:

(1) mention the name and address of the creditor or, in the case of a corporate body, its name and registered office, as well as the place, date and time of the conciliation;

(2) contain the object of the request and a statement of the sums claimed;

(3) indicate to the debtor that he shall, during the hearing, raise any oppositions he may wish to enforce and that a late opposition shall not suspend the progress of attachment operations;

(4) also indicate the conditions for his representation at the said hearing.

Where the acknowledgement of receipt is not returned and the debtor does not appear, the competent court shall, where it does not deem the circumstances necessary to convene the person concerned anew, pass a ruling by which it shall proceed to the verifications prescribed by Article 182 below. The ruling which is not subject to opposition may only be attacked by way of an appeal.

The president of the competent court, assisted by the registrar, shall draw up the report of the appearance of the parties before the court, whether followed by conciliation or not, or of the appearance of one of the parties.

In case of conciliation, he shall enter in the report the conditions of the settlement which shall put an end to the proceedings.

Where there is no conciliation, attachment shall be carried out after verification by the president of the amount of the debt in principal, interest and costs and, where possible, ruling on any objections raised by the debtor.

Within eight days from the hearing not leading to conciliation or within eight days following the expiry of the time limits for opposition, where a ruling was made, the registrar shall notify the writ of attachment to the employer by registered letter with acknowledgement of receipt or by any other means showing written evidence.

The writ of attachment shall contain:

(1) the full names and residences of the debtor and the creditor or, in the case of corporate bodies, their legal form, name and registered office;

(2) a separate account of the sums targeted for attachment in principal, costs and accrued interest, as well as an indication of the interest rate;

(3) the method of calculation of the attachable fraction and the method of payment thereof;

(4) an injunction to declare at the registry within fifteen days the legal position between the creditor and the distrainee debtor as well as any assignments or attachments currently being enforced and any information authorizing stoppage where the attachment concerns payment or salary paid from public funds;

(5) a reproduction of Articles 185 to 189 below.

Any employer who, without legal justification, does not make the declaration provided for under Article 184 (4) above or makes a false declaration, may be declared debtor of the stoppages to be carried out and ordered by the competent court to pay the costs incurred through him, without prejudice to an order to pay damages.

The employer shall be required to inform the registry and the distrainor within eight days of any modification of his legal relations with the distrainee that is likely to influence the proceedings in progress.

Notification of the writ of attachment shall render inalienable the attachable portion of the salary.

The employer shall send every month to the registry or the organization specially designated for this purpose by each Contracting State the amount of sums deducted from the remuneration of the distrainee, without exceeding the attachable portion.

He shall be validly discharged on the basis of the receipt from the registrar or through the acknowledgement of receipt of the money order issued by the postal department.

The garnishee shall attach to each payment a note showing the names of the parties, the amount paid, the date and any references of the writ of attachment served to him.

Where the employer omits making the payments, the competent court shall pass a ruling against him declaring him personally indebted. The ruling shall be served by the registrar or the creditor by registered letter with acknowledgement of receipt or by any other means in writing within three days from the date of the ruling. Notice thereof shall be given to the debtor and, where necessary, to the creditor. The garnishee shall have a period of fifteen days from notification of the decision to file an opposition by means of a declaration at the registry.

Any ruling which remains unopposed within a period of fifteen days shall become final. It shall be enforced at the request of the earliest party on the basis of a copy issued by the registrar and bearing an executory clause.

Any creditor in possession of a writ of attachment may, in the absence of a previous attempt at conciliation, intervene in ongoing proceedings relating to the attachment of earnings in order to partake in the sharing of the sums seized.

Such intervention shall be in the form of a petition submitted or addressed to the competent court against a receipt.

The petition shall contain the declarations required by Article 179 above.

The intervening creditor shall notify such intervention by registered letter with acknowledgement of receipt or by any other means in writing to the debtor and to other creditors already in the proceedings.

The intervention may be challenged by declaration at the registry of the competent court at any time during the seizure proceedings. In such case, the opposition shall be attached to the ongoing proceedings.

The debtor may still take action for recovery, once the seizure is over, against the intervening party who may have been unduly paid.

A creditor who is party to the proceedings may, by intervention, claim accrued interest and the costs and expenditures determined or verified since the attachment.

Any movement of funds shall be mentioned in the register prescribed in Article 176 above.

Where there is only one distraining creditor, the registrar shall pay to such creditor or his duly mandated representative the amount deducted as soon as he receives it from the employer.

This shall be entered in the register provided for under Article 176 above.

In the case of plurality of attachments, the creditors shall rank equally subject to any legitimate preferential consideration.

Where there are several distraining creditors, any payments made by a garnishee shall, as of right, be entered in an account opened by the registrar in a banking or postal establishment or in the public treasury.

Registrars shall make withdrawals for distribution with the authorization of the president of the competent court as justification.

The president of the competent court shall proceed to distribute the sums cashed quarterly during the first week of the months of February, May, August and November. He shall draw up a report showing the amount of costs to be deducted, the amount of preferential debts, if any, and the amount of the sums allocated to the other creditors.

The registrar shall notify the statement showing the distribution to each creditor and shall pay him the amount of his due.

The sums thus paid to the creditors shall be discharged in the register provided for by Article 176 above.

Where an intervention is opposed, the sums payable to the intervening creditor shall be held up. They shall be paid to him where the opposition is dismissed. Failing this, the said sums shall be distributed to the creditors or restituted to the debtor, whichever applies.

The statement of distribution may be opposed within a period of fifteen days from its notification through an opposition filed at the registry.

The release of the seizure shall ensue either from an approval by the creditor(s) or from an attestation by the president of the competent court showing extinguishment of the debt.

It shall be notified to the employer within eight days.

Where the creditor transfers his residence or his place of abode, he shall inform the registry thereof, save where he appeared through a representative.

Where, without change of employer, the debtor moves his residence or place of abode outside the jurisdiction of the court before which the proceedings are brought, such proceedings shall continue before the same court. Files of seizures likely to be carried out subsequently against the debtor shall be sent to it. The registry shall inform the creditors.

Where there is a change of employer, the attachment may be pursued in the hands of the new employer, where there was no previous conciliation, on condition that the request for it be made within one year following the notice given by the former employer in accordance with Article 186 above. Failing this, the attachment shall come to an end.

Where, in addition, the debtor has moved his residence or place of abode to the jurisdiction of a court other than the one to which the matter was referred, the creditor shall also be dispensed from prior conciliation, on condition that the request be made at the registry of that court within the period provided for in the preceding paragraph.

The transfer of salaries and wages may only be granted, regardless of the amount, by a declaration of the transferor in person at the registry of the court of his residence or place of abode.

The declaration shall indicate the amount and cause of the debt for which payment is granted, as well as the amount of the deduction to be made from each payment of the remuneration.

Following verification by the competent court that the transfer is within the limits of the transferable portion, mindful of any deductions already made on the transferor's wages, the registrar shall enter the declaration in the register provided for in Article 176 above and notify the employer thereof indicating:

- the monthly amount of the transferor's wages:

- the amount of the transferable portion as well as the amount of deductions made for each wage package in respect of the transfer granted.

The declaration shall be handed over or notified to the transferee.

The employer shall pay directly to the transferee the amount deducted on production of a copy of the declaration of assignment. Where the employer refuses to do so, he may be compelled to pay the duly transferred sums under the conditions provided for in Article 189 above.

In the event of an unexpected seizure, the transferee shall, as of right, be deemed to be the distrainor for the remaining sums owed him and shall rank equally with the other distraining creditors.

In the event of an unexpected seizure, the registrar shall notify the writ of execution to the transferee, inform him that he shall rank equally with the distrainor for the sharing of sums seized and request him to produce a statement of the remaining sums owed him.

The registrar shall equally inform the employer that subsequent payments shall be made at the registry.

Where seizure ends before transfer, the transferee shall resume the rights he held from the deed of transfer.

The registrar shall notify the employer and inform him that the sums transferred shall once more be paid directly to the transferee. He shall equally inform the transferee thereof.

Where there are serious presumptions that transfer was made to the detriment of the distraining creditor's rights, such creditor, in taking action in annulment, may obtain from the court ruling in emergency hearing, deposit of deductions in the hands of the registrar until a final decision on the merits of the case is pronounced.

The registrar shall, automatically or at the request of the earliest party, proceed to cancel the entry in the register provided for by Article 176 above and immediately notify the transferor debtor and employer by registered letter with acknowledgement of receipt or by any other means in writing about:

- the judicial cancellation of the transfer;

- the private cancellation of the transfer by a declaration from the transferee set out in the forms under Article 205 above;

- payment of the last instalment intended to end the execution of the transfer.

For the last accrued interest and interests still to accrue, claimants of alimony may, by virtue of a writ of execution, undertake a simplified seizure on the attachable portion of wages, remuneration, salaries and pensions paid to the debtor of alimony from public or private funds.

Their claim shall be preferred to all others, regardless of the preferential right which may be attached to those others.

The request shall be notified to the third party by registered letter with acknowledgement of receipt or by any means in writing addressed by the bailiff or process-server who shall notify the debtor by simple letter.

The third party shall, within eight days, acknowledge receipt of such request and indicate whether or not he is in a position to act on it. He shall also inform the debtor of the cessation or suspension of the remuneration.

The garnishee shall pay directly to the distrainor against a receipt the amount of his debt for alimony.

Any disputes relating to these proceedings shall not bar enforcement.

They shall be made by written or verbal declaration at the registry of the court of the residence of the pension debtor.

Where a new decision changes the amount of the alimony, cancels or modifies the method of execution of the obligation, the request for direct payment shall, as of right, be modified as a consequence with effect from the notification of the modifying decision to the third party under the conditions provided for in Article 214 above.

Tangible property liable to delivery or restitution may only be apprehended by virtue of a writ of execution and, where necessary, by an injunction of the competent court which has become executory.

The same property may also be rendered inalienable before any apprehension by means of a seizure under a prior claim.

A summons to deliver or restitute shall be notified to the person required to deliver. The summons shall contain, under penalty of being declared void:

(1) a mention of the writ of execution authorizing the delivery in question as well as the full names and addresses of the beneficiary and debtor of the thing to be delivered and, in the case of a corporate body, its legal form, name and registered office;

(2) an indication that the person required to deliver may, within a period of eight days, transfer at his expense, the designated object to a place and under the conditions indicated;

(3) a warning that failure to deliver within the said period, the property may be apprehended at his expense;

(4) an indication that disputes may be brought before the court of the residence or the place of abode of the addressee of the document;

(5) election of residence in the territorial jurisdiction of the court of the place of seizure, where the creditor does not reside there; any service or offer may be made at such elected residence.

The property may also be apprehended immediately without a previous summons and on the simple presentation of the writ of execution, where the person required to deliver is present and where, on the question which should be asked him by the bailiff or process-server, he does not offer to effect the transfer at his expense.

In such case, the act provided for in Article 219 above shall contain a statement that disputes may be brought before the court of the residence or place of abode of the person from whom the property is withdrawn.

An act shall be drawn up showing the voluntary delivery or apprehension of the property.

The act shall contain a detailed description of the property, which may be photographed, where necessary; the photograph shall be annexed to the act.

Where the property has been apprehended for delivery to its owner, a copy of the act provided for in Article 221 above shall be given or notified, by registered letter with a request for acknowledgment of receipt or by any other means in writing, to the person required by virtue of the writ of execution to deliver or restitute the property.

In the special case where the property has been apprehended for delivery to a pledgee, the act of delivery or apprehension shall be equivalent to seizure in the custody of the creditor and the sale shall be carried out in accordance with the procedure applicable to seizure for sale.

An act shall be delivered or notified to the debtor containing, under penalty of being declared void:

(1) a copy of the act of delivery or apprehension, whichever applies;

(2) an indication of the place where the property is kept;

(3) a separate account of the sums claimed in principal, costs and accrued interest, as well as an indication of the interest rate;

(4) a statement in bold characters that the debtor has a period of one month to carry out a private sale of the seized property, in accordance with the provisions of Articles 115 to 119 above and the date from which, failing the private sale within the said period, a forced sale may be carried out by public auction.

(5) a reproduction of Articles 115 to 119 above.

Where the property is held by a third party, a summons to deliver the property shall be notified to him directly. It shall be immediately disclosed, by registered letter with a request for acknowledgment of receipt or by any other means in writing, to the person required to deliver or restitute it.

The summons shall contain, under penalty of being declared void:

(1) a copy of the writ of execution authorizing the request for delivery and, where it is by court ruling, the terms of judgment as well as the full names and addresses of the beneficiary of the delivery and of the third party holder of the property and, in the case of a corporate body, its legal form, name and registered office;

(2) an injunction to proceed, within a period of eight days, either to deliver the property designated or to inform the bailiff or process-server, under penalty of damages, whichever applies, of the reasons for his refusal to deliver;

(3) an indication that any difficulties shall be brought before the court of the residence or place of abode of the beneficiary of the act;

(4) election of residence in the territorial jurisdiction of the court where the seizure is carried out, where the creditor does not reside there; any service or offer may be made at such residence.

Where voluntary delivery is not made within the prescribed period, the petitioner may request the court of the residence or place of abode of the third party holder of the property to order delivery of the property. The matter may also be referred to the court by the third party.

The summons referred to in Article 224 above and any preventive measures taken shall become null and void where the matter is not referred to the court within one month following notification of the summons.

Upon simple presentation of the court ruling ordering delivery of the property to the petitioner, such property may be apprehended. An act on the apprehension shall be drawn up in conformity with the provisions of Article 221 above. A copy of the act shall be given or notified to the third party by registered letter with a request for acknowledgment of receipt or by any other means in writing.

After removal, the person required to deliver shall be informed thereof as specified in Articles 222 and 223 above, whichever applies.

Any person who has an apparent reason for requesting the delivery or restitution of tangible property may, pending delivery, render the property inalienable through seizure under a prior claim.

With the exception of the case where the creditor avails himself of a writ of execution or of a court judgment which is not yet enforceable, it shall be necessary to obtain prior authorization issued on petition by the competent court.

The petition shall be made before the court of the residence or place of abode of the person required to deliver or restitute the property.

The decision granting the authorization shall bear a description of the property which may be seized and the identity of the person required to deliver or restitute it. The authorization shall be demurrable to any holder of the designated property.

The validity of the seizure under a prior claim shall be subject to the conditions prescribed for preventive measures by Articles 60 and 61 above.

Where the said conditions are not