FrançaisLawyer at Nice Bar, Maître Ribeiro de Carvalho assist you before, during and after the eviction operation of a tenant, thanks in particular to the conservatory seizure.
Used little, foreclosure can prove to be a formidable tool to protect against unpaid rents.
I The principle of a precautionary attachment
A provisional attachment tends to induce the unavailability of certain movable property of the debtor.
In other words, this type of seizure makes it possible to block part of the fund present in the tenant’s bank account.
The procedure is very fast since the tenant is not party to the procedure. (He can still challenge the request but only a posteriori).
The Code of Procedure Layout on a two-way-Principles-to-Buy-to-one-to-be Conservator: a claim, a principle and that is likely to threaten recovery.
Without these two conditions, an enforceable title is required.
As regards unpaid rents, this condition is a disadvantage since at the time of initiating the first unpaid, the owner has not yet the intention of justice and was therefore not arrested for a precautionary seizure.
Nevertheless, it is on this last condition that the foreclosure of unpaid rents has an advantage.
II The exception of the arrest of unpaid supporters
As previously stated, in order to obtain a protective attachment, an enforceable title is normally required to claim a claim.
Otherwise, it is necessary to obtain the authorization of a Judge.
Nevertheless, Article L511-2 of the civil enforcement proceedings has prior authorization of the judge is not necessary when the creditor avails himself of an enforceable title or a court decision that does not have it the same is true […] of a lease purchase agreement. “
More simply, from the moment you made sure to leave a deposit and an unpaid rent, you can go directly to a foreclosure. This preventive seizure occurs before any expulsion procedure.
You can then block part of the tenant’s funds and recover much more easily.
Do not hesitate to contact the office of Master RIBEIRO DE CARVALHO here, he can advise you and help you in these pre-litigation procedures.
