Attachment renumeration

Definition

The seized of remunerations are, in French Droit, controls by the articles with (legislative part) and with (lawful part) of the Labor regulation.

This procedure which belongs to the Voies of execution makes it possible a Créancier to recover its due while making directly take the sums on the wages of the Débiteur.

The seizable share is determined by a Decree in Council of State and takes account of the amount of remuneration but brings also a corrective measure for each dependant of the debtor.

According to the Decree n°2005-1537 of December 8th, 2005 the seizable annual share is equal:

with twentieth, on the lower section or equalizes with 3.240 €
with the tenth, on the section higher than 3.240 € and lower than or equal to 6.370 €
to the fifth, on the section higher than 6.370 € and lower or equal to 9.540 €
to the quarter, on the section higher than 9.540 € and lower or equal to 12.670 €
to the third, on the section higher than 12.670 € and lower or equal to 15.810 €
to two thirds, on the section higher than 15.810 € and lower or equal to 19.000 €
to totality on the section higher than 19.000 €

Let us note that the thresholds enumerated above are increased by 1.220 € by people with load.

Procedure

The attachment renumeration proceeds in several phases:

The attempt at conciliation: obligatory phase which proceeds in front of the Magistrates' court

the request is presented by the creditor to the secretariat-Clerc's Office of the Magistrates' court in the spring of which the debtor has his Domicile.
This request contains at the same time information concerning the person of the debtor (name, addresses, employer) but also the detailed calculation of the sums due (the main thing, expenses, Interest rate). Finally the request must be accompanied by the executory Titer, i.e. a document (a title) which is covered executory formula and which makes it possible to resort to the distraint, with the continuations if the debtor does not pay spontaneously. It is for example a Jugement or a Ordonnance returned by a jurisdiction.
the parts (debtor and creditor) are convened with a Audience during which the debtor is invited to present possible disputes, and at the end which the magistrate will try to reconcile the parts.
If one of the parts is not present or if the conciliation does not succeed, the judge authorizes the seizure after having checked the amount of the which had sums, the possible interests and expenses, as well as the disputes of the debtor. If the audience gave place to a judgment, the grounds for appeal are opened and the seizure continues only with the expiry of the periods of recourse. (one month for the time of call as from the Significance)

Operations of seizure: notification of the act of seizure to the employer of the debtor

the employer must make known at the clerk's office all the information necessary to the seizure and in particular the other seizures, opinions with third holders, payments direct, food credits…, which could already be in place on the compensation of employees. If it does not make it or if it turns into to untrue declarations the employer exposes to civil sanctions, fines and even of damages.

Effects of the seizure

Every month, the employer addresses an amount of money equal to the amount of the seizable fraction of the wages which versed with the creditor.
If the employer does not operate the payment, the magistrate returns an ordinance making it personally responsible towards the creditor and if it does not make opposition the employer can thus be obliged to pay in the place of his employee.

The replevin of the seizure

As regards seizure one does not speak about end, but about replevin. This one takes place in the event of agreement of the creditors or when the judge notes the extinction of the debt.
the replevin is notified with the employer in the eight days.

The plurality of seizures

It can arrive that a debtor has several creditors. On this assumption, the creditor provided with an executory title, can without passing by the phase of conciliation, to intervene with the procedure already installation by another creditor. One speaks about a procedure for action
It intervenes by depositing a request with the secretariat-Clerc's Office of the Magistrates' court which contains the same mentions as that described in the initial phase. (information on the debtor and the debt)
After checks of the debt and the interests, the judge notifies the seizure with the debtor and the employer. This last must then pour the seizable share of the wages to the manager of the Magistrates' court which is in charge of the distribution between the various creditors.
This intervention can be disputed constantly during the seizure and the debtor, even after the end of the seizure can act against the speaker who would have perceived sums unduly.

The distribution

the distribution of the sums collected by the manager close the Magistrates' court takes place, at least, every six months, except so meanwhile the sums are enough to regulate the entirety of the debts.
it secrétariait-Clerc's Office notifies a state of distribution to each creditor, and the disputes against the interventions are treated with this level of the procedure.
If the dispute of the intervention is rejected the sums are given to the creditor intervening, if the dispute is accommodated, the sums are restored with the debtor.
the state of distribution can be disputed by each creditor within 15 day as from its notification, if it is not to it the sums are versed to the creditors, if not statue judges it beforehand on the dispute and distributes the sums then.

Incidents

If an opinion with third holder is notified with the employer, this one suspends the seizure until extinction of the debt in question, subject to the rules which apply as regards alimonies.
If a procedure of paiment direct of a food credit is notified with the employer, this last pays in priority the sums due to the creditor of food. If there is a remainder it goes to the initial creditor.
If a debtor perceives several remunerations the judge determines them or the employers who are charged to carry out reserves on wages. If one of them is enough to pay the entirety of the seizable portion, the seizure will take place only between its hands.
the debtor must inform the court of its changes of address, especially if its residence is apart from the spring of competence of the magistrates' court seized at the beginning, because the procedure will continue then in the Magistrates' court of its new residence.
In the event of change of employer the seizure can be continued between the hands of the new employer without passing by the phase of conciliation, provided that the request is made in the year which follows the opinion delivered by the former employer.

Sources

New Code of civil procedure 98e edition, Dalloz 2007

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