Freezing of assets and enforcement measures

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

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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 protective seizure?

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 enables the creditor to actually recover payment by compelling the debtor to pay. Unlike freezing order, it requires an enforceable title (judgment, notarised deed, approved settlement...).

Why consult a lawyer quickly 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.

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Frequently Asked Questions

What are the conditions to obtain a freezing order in France?

To obtain a freezing order, you generally need authorisation from a judge and must demonstrate:

a claim that appears well-founded: this condition is easily met when there is written evidence showing the plausible existence of a claim (e.g. contract, invoice, purchase order...)
a threat to recovery: the creditor must prove legitimate reasons to fear the debtor will not pay (failure to respond to letters and notices, financial difficulties, insolvency, concealment of assets...)

Note: It is not necessary to prove a certain, liquid and due claim. It is sufficient to show the appearance of a claim.

In which cases is a freezing order is not subject to authorisation by a judge?

Authorisation is not required when there is:

an enforceable title or a court decision not yet enforceable
non-payment of an accepted bill of exchange, promissory note or cheque
unpaid condominium fees under certain conditions
unpaid rent under a written lease agreement

What are the conditions for implementing an enforcement measure?

You must have an enforceable title (judgment, notarised deed, approved agreement) confirming a liquid and due claim.

Note: When the enforcement measure is based on a judgment, it must have been previously notified.

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).