Consent may be given to the assignment of wages and salaries, regardless of the amount, by a declaration of the assignor in person at the registry of the court of his place of residence or of his place of abode.
The declaration shall indicate the amount and origin of the debt for which payment is allowed, as well as the amount to be deducted from each payment of the earnings.
Following verification by the competent court that the assignment is within the limits of the attachable quota, and mindful of any deductions already made on the assignor’s salary, the registrar shall make mention of the declaration in the register provided for in Article 176 above and notify same on the employer stating therein:
– The monthly amount of the assignor’s salary:
– The amount of the attachable quota as well as the amount to be deducted on the monthly salary in respect of the assignment allowed.
The declaration shall be handed over or notified to the assignee.
The employer shall pay directly to the assignee the amount deducted on presentation of a copy of the declaration of assignment. Where the employer refuses to do so, he may be compelled to pay the duly assigned sums under the conditions provided for in Article 189 of the OHADA Law.
In the event of an attachment being carried out, the assignee shall, as of right, be deemed to be the distrainor for the remaining sums owed him and shall rank equally with the other distrainor creditors.
In any case of an attachment being carried out, the registrar shall give notice of the writ of execution to the assignee, inform him that he shall rank equally with the distrainor in the sharing of sums attached and request him to produce a statement of the remaining sums owed to him.
The registrar shall equally inform the employer that subsequent payments shall be made at the registry.
Where the attachment comes to an end before the assignment, the assignee shall regain his rights under the assignment deed.
The registrar shall notify the employer and inform him that the sums assigned shall de novo be paid directly to the assignee. He shall equally inform the assignee.
Where there are strong presumptions that the assignment was made to defraud the distrainor, he may, in an urgent motion for annulment of such assignment, obtain an order from the court, that the deductions be deposited with the registrar until a final decision on the merits of the case is pronounced by the court.
The registrar shall, automatically or on the application of the most diligent party, proceed to cancel the entry in the register provided for by Article 176 of the OHADA Law and immediately notify the debtor concerned and the employer by registered mail with acknowledgement of receipt or by any other means with written proof where;
– Annulment of the assignment is by court order;
– By a declaration from the assignee written in a form provided for in Article 205 of the OHADA Law, the cancellation of the assignment is agreed to by the parties;
– Payment of the last installment intended to complete the execution of the assignment has been made.