saisieattribution

Saisie-attribution is a legal procedure in French law that allows a creditor to seize funds owed to their debtor by a third party. This third party, known as the "tiers-saisi," is typically a bank or an employer holding money that rightfully belongs to the debtor. The creditor initiates the saisie-attribution by serving a formal notice to the tiers-saisi, effectively blocking the debtor's access to those funds.

The process is designed to facilitate debt recovery by targeting assets that are already in the possession of a third party. Once the saisie-attribution is in effect, the tiers-saisi is legally obligated not to release the seized funds to the debtor. Instead, these funds are held and eventually transferred to the creditor to satisfy the outstanding debt.

There are specific legal requirements and formalities that must be followed for a saisie-attribution to be valid. The creditor must have a valid title or enforceable judgment against the debtor. The notice served to the tiers-saisi must contain precise information about the debt, the debtor, and the creditor, as well as the amount being claimed. The debtor is also formally notified of the seizure and has certain rights, including the ability to challenge the seizure under specific circumstances.

This legal tool is commonly used for recovering various types of debts, including unpaid invoices, court-ordered alimony, and other financial obligations. It provides a relatively swift and effective method for creditors to secure payment when other attempts at recovery have failed. The legal framework aims to balance the creditor's right to be paid with the debtor's right to retain a portion of their assets for basic needs.