[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.19.5″ custom_margin=”||0px||false|false” custom_padding=”||0px||false|false” locked=”off” global_colors_info=”{}”][et_pb_row column_structure=”1_3,1_3,1_3″ _builder_version=”4.19.5″ _module_preset=”default” background_enable_mask_style=”on” background_mask_style=”wave” background_mask_color=”rgba(0,0,0,0.08)” custom_padding=”||6px|||” locked=”off” global_colors_info=”{}”][et_pb_column type=”1_3″ _builder_version=”4.19.5″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”4.19.5″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”4.19.5″ _module_preset=”default” global_colors_info=”{}”][et_pb_circle_counter title=”Estimated reading time (in minutes)” number=”2″ percent_sign=”off” _builder_version=”4.19.5″ _module_preset=”default” title_font=”Amiri||||||||” max_width=”137px” global_colors_info=”{}”][\/et_pb_circle_counter][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.19.5″ _module_preset=”default” custom_margin=”||0px||false|false” custom_padding=”||0px||false|false” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.19.5″ _module_preset=”default” global_colors_info=”{}”][et_pb_divider _builder_version=”4.19.5″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_divider][et_pb_image src=”https:\/\/gregorydamy.niceavocats.fr\/wp-content\/uploads\/2023\/06\/loan-buy-house-pressure-buy-house-scaled.jpg” title_text=”Loan to buy a house, pressure to buy a house” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_image][\/et_pb_column][\/et_pb_row][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_image _builder_version=”4.21.0″ _module_preset=”default” title_text=”man-5710164_1280-2″ src=”https:\/\/gregorydamy.niceavocats.fr\/wp-content\/uploads\/2023\/07\/man-5710164_1280-2.jpg” hover_enabled=”0″ sticky_enabled=”0″][\/et_pb_image][et_pb_text admin_label=”Text” _builder_version=”4.21.0″ text_font=”Amiri||||||||” header_2_font=”Amiri||||||||” header_3_font=”Amiri||||||||” background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
Consumer loan Everyone is normally required to pay their debts, and it is of course not us, nor any other legal professional, who would come to contradict or minimize the scope of the famous article 2284 of the Civil Code, under which “Anyone who is personally bound is bound to fulfill his commitment on all his movable and immovable property, present and future”.<\/span><\/span><\/p>\n However, just as the rule of law and democracy do not allow public outrage to justify the hasty execution of an individual suspected of having committed the most heinous crime, our society does not accept that one who considers himself the creditor of a sum of money resorts to all maneuvers to obtain reimbursement.<\/span><\/p>\n Such a capital principle nevertheless deserves to be forcefully reminded to a handful of societies, so much do they seem to consider that they are evolving in the middle of the Far West, where the law of the strongest once encouraged the establishment of terror to achieve its objective.\u00a0in defiance of any\u00a0\u00a0<\/span>rule or law\u00a0<\/span>\u00a0.<\/span><\/p>\n Who has not heard, in fact, in recent years, the generalization of practices consisting in exerting maximum pressure on a given person, trying to reach them at any time, at home or at home?\u00a0<\/span><\/span>of work, by threatening her, by the use of an approximate pseudo-legal jargon, to send her an armada of bailiffs who will seize almost everything in her possession, and by seeking to sully her reputation with her relatives and her employer?<\/span><\/p>\n Often at the limit of legality, sometimes manifestly illegal, these practices are all the more illegitimate as they are most often aimed at obtaining the payment of old debts which, at best, can no longer be the subject of legal proceedings. .\u00a0in court, or, at worst, are purely and simply legally extinguished!<\/span><\/p>\n This is why recalling the most fundamental rules in terms of non-payment seems essential to us, because it is by being aware of one’s rights that one can analyze the merits of an approach and possibly dissuade, or even attack. .\u00a0, author of practices that can be both reprehensible and harmful.<\/span><\/p>\n In concrete terms, under what conditions can property belonging to me or money from my bank account be seized in order to allow the full repayment of a loan that I did not want or was unable to repay in full?<\/span><\/p>\n The first rule, from which we will develop our reasoning, is the following: a seizure can only be carried out by a bailiff and on the basis of an enforceable title.<\/span><\/p>\n In this regard, Article L111-3 of the Code of Civil Enforcement Procedures (former Article 3 of Law No. 91-650 of July 9, 1991 reforming civil enforcement procedures) provides that:<\/span><\/p>\n \u201cOnly enforceable titles constitute:<\/span><\/p>\n 1\u00b0 The decisions of the courts of the judicial order or the administrative order when they have enforceable force as well as the agreements to which these courts have conferred enforceable force;<\/span><\/p>\n 2\u00b0 Foreign acts and judgments as well as arbitral awards declared enforceable by a non-appealable decision suspending the execution;<\/span><\/p>\n 3\u00b0 Extracts from the conciliation report signed by the judge and the parties;<\/span><\/p>\n 4\u00b0 Notarial deeds bearing the enforceable formula;<\/span><\/p>\n 5\u00b0 The document issued by the bailiff in the event of non-payment of a check;<\/span><\/p>\n 6\u00b0 Titles issued by legal persons under public law qualified as such by law, or decisions to which the law attaches the effects of a judgment.\u00a0\u00bb<\/span><\/p>\n In a simplified way, it follows that the debts resulting from a loan not fully reimbursed can in principle give rise to the seizure of goods or money from a bank account only after a definitively closed trial.\u00a0, unless the loan was concluded before a notary.<\/span><\/p>\n Consequently, when an entity asks you for the payment of such sums, and mentions the possibility of having recourse to a Bailiff if you refuse to cooperate, the first of the answers to oppose is that of asking if it is in possession of an enforceable title .\u00a0, and if so, to send it to you.<\/span><\/p>\n On this subject: do not be fooled by the sending of letters which would imply a possible cooperation with a company, because even the reception of letters which seem to come from a Bailiff does not in any way guarantee the possession of a title.\u00a0enforceable.<\/span><\/p>\n And for good reason: in about 90% of cases, organizations using this type of practice simply do not have one, and cannot obtain one.<\/span><\/p>\n The reason for such an impossibility is quite easy to understand: the payment of money debts can only be continued for a certain period of time, called the foreclosure period, which in such circumstances is most often expired.<\/span><\/p>\nExecutory titles for seizure: \u2013<\/span><\/h2>\n
Request for legal assistance: \u2013<\/span><\/h2>\n