Freezing of assets and enforcement measures

Q: What are the conditions for being authorised by the enforcement judge to carry out a protective measure?

You must demonstrate the existence of a claim that appears well‑founded in principle (for example: a contract, invoice, purchase order…) as well as the presence of a risk affecting its recovery (lack of response to letters and formal notices, financial difficulties, insolvency, concealment of assets…). It is sufficient to establish an apparent prima facie claim, without needing to prove that it is certain, liquid and due.

Q: What are the conditions for implementing an enforcement measure?

You must hold an enforceable title (judgment, notarial deed, court‑approved agreement…) establishing a liquid and due claim. If the enforcement measure is based on a judgment, the judgment must first have been properly served on the debtor in accordance with French procedural rules.

Do you need to secure a debt or enforce a judgment? Our firm can assist you to implement freezing orders and enforcement measures.

Securing your claims in France: from freezeing orders to enforcement measures

Regardless of their size or sector, businesses regularly face unpaid bills from clients or commercial partners. To secure their receivables, companies have two main tools: freezing orders and enforcement measures. Although complementary, they follow distinct logic and conditions.

What is a freezing order?

A freezing order is a temporary procedure that allows a creditor to protect their rights by preventing the debtor from organising insolvency. This is done by freezing the debtor’s assets, such as a bank account, shares, or equity interests, to prevent them from disappearing before obtaining an enforceable title.

Note: In principle, the creditor must obtain authorisation from a judge to obtain a freezing order. Furthermore, these measures must be followed by proceedings to obtain an enforceable title (such as a judgment) if the creditor does not already have one.

What is an enforcement measure?

An enforcement measure (voie d’exécution) or compulsory enforcement measure is a procedure that enables a creditor to effectively obtain payment of their claim by compelling the debtor to perform.
Unlike a protective seizure, it requires the existence of an enforceable title (judgment, notarial deed, court‑approved settlement, etc.).

Note: Compulsory enforcement measures allow a creditor to compel their debtor and obtain actual recovery of the claim (for example, through a bank account attachment (saisie‑attribution) or the seizure and sale of assets).

Why consult a lawyer rapidly in case of unpaid debts?

The stakes are twofold for your business because the longer you wait:

the more you jeopardise your own company
the greater the risk of never recovering the sums owed by your debtor

Failing to act means risking that the debtor’s difficulties worsen and that they organise their insolvency.

For claimants

If you are facing unpaid debts, our firm can assist you to:

obtain freezing orders and judicial securities
obtain an enforceable title confirming your claim
carry out enforcement measures in coordination with a bailiff
negotiate an amicable settlement if your debtor acts in good faith

For defendants

If you are sued by one of your creditors, our firm can represent you to:

develop a defence strategy against the creditor’s claims
respond to letters and formal notices from a legal perspective
represent you before the courts in case of proceedings
request the lifting of freezing orders

Contact us today for a personalised quote and to protect your interests.

Get in touch

Frequently Asked Questions

What are the conditions for being authorised by the enforcement judge to carry out a protective measure?

You must demonstrate the existence of a claim that appears well‑founded in principle (for example: a contract, invoice, purchase order…) as well as the presence of a risk affecting its recovery (lack of response to letters and formal notices, financial difficulties, insolvency, concealment of assets…). It is sufficient to establish an apparent prima facie claim, without needing to prove that it is certain, liquid and due.

In which cases is a protective seizure not subject to authorisation by the enforcement judge?

It is not necessary to seek authorisation from the enforcement judge when the creditor already holds an enforceable title, or certain equivalent instruments, such as an unpaid bill of exchange, condo fees (subject to conditions), or unpaid rent under a written lease. In these cases, the protective seizure may be carried out directly, without prior judicial approval.

What are the conditions for implementing an enforcement measure?

You must hold an enforceable title (judgment, notarial deed, court‑approved agreement…) establishing a liquid and due claim. If the enforcement measure is based on a judgment, the judgment must first have been properly served on the debtor in accordance with French procedural rules.

Do foreign judgments or arbitral awards allow freezing of assets in France?

A foreign judgment or arbitral award is sufficient to implement freezing orders, even without exequatur or authorisation from a judge. In practice, however, it may be useful to seek authorisation so that the bailiff is allowed to consult the national bank account register (Ficoba), which identifies all bank accounts held by the debtor in France.

How to enforce a foreign judgment or arbitral award in France?

For arbitral awards and judgments rendered outside the EU, enforcement measures cannot be carried out directly in France. You must first submit an exequatur request before the Judicial Court.

Conversely, judgments rendered within the EU in civil and commercial matters can be enforced directly, subject to certain formalities (original certificate, notification of the decision and translation if necessary).