Precautionary Attachment in France: How to Freeze a Debtor’s Bank Accounts Before Judgment

By Maître Arnaud Touati
06/10/2026

Reviewed and approved by Arnaud Touati (Maître), partner and co-founder of the firm

Key points

A precautionary attachment (saisie conservatoire) freezes a debtor’s accounts before any judgment, in principle with the authorisation of the enforcement judge (juge de l’exécution) (Article L. 511-1 of the French Code of Civil Enforcement Procedures (Code des procédures civiles d’exécution)), except where Article L. 511-2 waives that requirement.
Two substantive conditions: a claim that appears well-founded in principle and circumstances that threaten its recovery, both assessed at the judge’s sole discretion.
The procedure has two phases: authorisation on an ex parte application, then enforcement by a judicial officer (commissaire de justice) in the hands of the third party holding the assets.
The attachment must be notified to the debtor within eight days, failing which it lapses (Article R. 523-3).
Bank accounts, receivables, shares, movable and intangible assets can be attached, except unseizable assets (Article L. 112-2).
Within one month of the measure being carried out, the creditor must bring proceedings to obtain an enforceable title, failing which the measure lapses (Article R. 511-7).

A precautionary attachment lets you freeze a debtor’s bank accounts before any judgment, in principle with the authorisation of the enforcement judge. It requires a claim that appears well-founded in principle and circumstances that threaten its recovery. It takes place in two stages: a court order on application, then the attachment carried out by a judicial officer. The creditor must then bring proceedings on the merits within one month, failing which the measure lapses.

Table of Contents

The legal framework for a precautionary attachment in France

Article L. 511-1 of the Code of Civil Enforcement Procedures (in French) sets out the twofold test for the measure. In substance (unofficial translation, only the French text is authoritative), any person whose claim appears well-founded in principle may apply to the judge for authorisation to take a precautionary measure against the assets of their debtor, without a prior order to pay (commandement), if they can show circumstances likely to threaten its recovery.

Two important exceptions to prior court authorisation:

Enforceable title: a creditor who relies on an enforceable title or on a court decision that is not yet enforceable may take the precautionary measure without the judge’s prior authorisation.
Commercial paper and rent: Article L. 511-2 of the Code of Civil Enforcement Procedures (in French) also waives prior authorisation in the event of non-payment of an accepted bill of exchange, a promissory note, a cheque, certain co-ownership service charge advances or unpaid rent under a written lease of real property.

The two substantive conditions

1. A claim that appears well-founded in principle. The claim does not have to be certain, liquidated and due (which would directly justify enforcement), but its existence and merits must appear plausible in light of the documents produced: contract, invoice, letters partially acknowledging the debt, initial transfer orders.

2. Circumstances that threaten recovery. This condition is assessed at the judge’s sole discretion. In practice, courts accept:

a deterioration in the debtor’s financial position (Treasury liens, registered pledges, late URSSAF (French social security collection agency) payments);
steps taken to organise insolvency (asset disposals, account transfers, transfer of the registered office to a judicial haven);
the debtor’s imminent departure abroad, to a country that cooperates poorly;
safeguard proceedings (sauvegarde) that have been announced but not yet opened;
signs that assets are being moved out of reach (hasty sale of a business, abnormal dividend distribution).

How do you freeze a debtor’s bank account in France? The two-phase procedure

Phase 1: authorisation on application

The creditor files an application with the enforcement judge (JEX) of the place where the debtor resides (Article R. 511-2). The procedure is ex parte: the debtor is not informed, so as to preserve the element of surprise. The application sets out the claim and the circumstances justifying the measure, and specifies the asset to be attached and the amount for which authorisation is sought.

The judge rules by order. On pain of nullity, the order sets the amount of the sums secured by the authorised measure and specifies the assets it covers (Article R. 511-4).

Phase 2: enforcement by a judicial officer

Once the order has been obtained, the creditor instructs a judicial officer to serve the attachment:

On the third-party holder (bank, employer, debtor’s own debtor), which must immediately freeze the corresponding sums;
On the debtor, by service of notice of the attachment within 8 days after it was carried out against the third party, failing which it lapses (Article R. 523-3 of the Code of Civil Enforcement Procedures).

The garnishee must immediately provide the judicial officer with information on the sums or assets it holds (Article R. 523-4). If it fails to do so without legitimate reason, it may be ordered to pay the sums for which the attachment was made; an inaccurate or false statement may lead to an award of damages against it (Article R. 523-5).

Which assets can be attached?

Bank accounts: the account balance on the day of the attachment, up to the authorised amount; for fifteen working days, this balance may be adjusted for transactions made before the attachment (Article L. 162-1). A debtor who is a natural person keeps a subsistence amount, the unseizable bank balance (solde bancaire insaisissable) (Article L. 162-2).
Receivables: unpaid invoices, rents, trade receivables owed to the debtor.
Company interests (parts sociales) and unlisted shares held by the debtor.
Tangible movable assets: stock, equipment, vehicles.
Intangible assets: trade marks, patents, company shares and interests (droits sociaux).

Unseizable assets are listed in Article L. 112-2 of the Code of Civil Enforcement Procedures: assets needed for daily life and work, within the limits laid down.

The creditor’s obligations after the attachment

Article R. 511-7 of the Code of Civil Enforcement Procedures (in French) requires the creditor, unless the measure was carried out on the basis of an enforceable title, to bring proceedings or complete the formalities needed to obtain an enforceable title within one month of the measure being carried out, failing which it lapses.

In practice, after the attachment:

The creditor has one month to bring proceedings on the merits (application for an order for payment, summons for payment, etc.).
Otherwise, the attachment lapses and the funds are released.
Once the enforceable title has been obtained, the creditor converts the precautionary attachment into a garnishment order (saisie-attribution), which makes the funds definitively available to the creditor.

How can the debtor challenge the attachment?

The debtor may challenge the attachment before the JEX:

On the ground that there is no claim well-founded in principle.
On the ground that there are no circumstances threatening recovery.
For a formal defect (failure to serve, authorised amount exceeded).
Because the measure is unnecessary or abusive (Article L. 121-2).

Where the judge orders the attachment to be lifted, the creditor may be ordered to compensate the loss caused by the precautionary measure (Article L. 512-2), for example a loss of business or damage to reputation.

Costs to plan for

Lawyer for the application: fees agreed with the client, depending on the complexity of the case.
Court registry costs: modest stamp duties and registration fees.
Judicial officer’s fees: these vary with the number of attachments (bank, receivables, etc.).
Subsequent proceedings on the merits: to be factored into the overall budget.

The costs of the precautionary measure are borne by the debtor, unless the judge decides otherwise (Article L. 512-2). Other costs incurred are left to the discretion of the judge hearing the merits.

When should you use a precautionary attachment?

A significant claim and a risk of imminent default by the debtor.
An unreliable debtor who has already wound up another entity or organised their insolvency.
Identified and located assets (known bank account, identifiable trade receivables).
Concrete circumstances threatening recovery, supported by documents.
Failure of a prior formal notice or amicable negotiation.

A precautionary attachment is a powerful weapon that must be handled with care. If poorly calibrated, it exposes the creditor to damages if it is set aside. If properly measured, it stops assets from being dispersed and speeds up an amicable settlement. Every situation is different and calls for case-by-case analysis.