Any creditor in possession of a writ of execution in proof of a debt, certain and due for immediate payment, shall after the service of a summons to pay, proceed with the attachment and sale of any tangible and movable property belonging to his debtor in order to recover the debt from the proceeds of the sale whether or not the said property is in the hands of the debtor.

Any creditor who fulfills the above conditions may join the attachment process by way of an opposition.


The attachment shall be preceded by a preliminary summons to pay served on the debtor at least eight (8) days before the attachment and shall under pain of nullity contain;-

1) A reference of the writ of execution by virtue of which the attachment exercise was carried out, with a separate detailed account of all the sums payable by way of the principal, costs and accrued interest, as well as an indication of the interest rate.

2) A summons to pay the debt within eight (8) days, failing which it shall be recovered by the forced sale of his movable property.

Where the creditor is not resident within the territorial jurisdiction of the court where the proceedings are to be instituted, the summons shall contain his choice of address for service for the purpose of the proceedings. However, notice of any change of address, shall be given to the debtor. Any service or offer may be made at the chosen address.

Service of the summons to pay shall be personal or at the residence. The summons may not be served at the chosen address for service. It may be endorsed in the instrument bearing notification of the writ of execution.

Any attachable tangible movable property belonging to the debtor may be the subject of attachment and sale, including property which has been the subject of a prior sequestration, in which case, Articles 88 to 90 of the OHADA Law shall apply.

Where there is no attachable property or where it is obvious that such property has no market value, the bailiff or process server shall draw up a null a bona report, except the creditor requires that the execution be continued.

The property attached shall be inalienable. Where for legitimate reasons, the property has to be removed, the holder of the property shall be required to give prior notice to the creditor save in the case of extreme urgency.

In any case, he shall inform the creditor of the place where the property shall be located.

Upon the expiry of the eight (8) days from the date of service of the unproductive summons to pay, the bailiff or process server may, on the basis of the writ of execution, enter a place whether serving as a dwelling house or not, under the conditions provide for in Article s 41 to 46 of the OHADA Law.

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