Before any attachment carried out in the presence of the debtor, the bailiff or process server shall verbally reiterate the formal request for payment and inform the debtor that he is required to declare the property which has been the subjects of a prior attachment.

The bailiff or process server shall draw up an inventory of the property. The instrument of attachment shall under pain of nullity contain:-

1) The full names and residence of the distrainee and the distrainor, or, in the case of corporate persons their legal forms, corporate names and registered offices and any choice of address by the distrainor;

2) The reference to the writ of execution authorizing the attachment;

3) An indication of the person to whom the writ was handed;

4) A detailed description of the property attached;

5) Where the debtor is present, his declaration concerning any prior attachment of the same property;

6) A statement in bold characters that the attached property shall be inalienable, that they are in the custody of the debtor, that under pain of criminal sanctions they may not be transferred or removed save under the circumstances provided for in Article 97 of the OHADA Law, and that the distrainee is required to disclose the present attachment to any creditor carrying out a subsequent attachment on the same property;

7) An indication in bold characters, that he has a period of one (1) month within which to sell the attached securities by private sale, under the conditions provided for in Article s 115 to 119 of the OHADA Law.

8) An indication of the court before which any disputes relating to attachment and sale shall be brought;

9) An indication, where applicable, of the full names and status of the persons present during attachment process and who shall sign the original and the copies; where a person refuses to sign, it shall be mentioned in the report;

10) A reproduction of the criminal provisions governing fraudulent disposition of attached assets as well as those of Article s 115 to 119 of the OHADA Law:

11) A reproduction of Article s 143 to 146 of the OHADA Law.

Where the debtor is present during the attachment process, the bailiff or process server shall verbally remind him of the provisions of (6) and (7) of the preceding article. He shall also remind him of the option of a private sale of the attached property, under the conditions provided for by Article s 115 to 119 of the OHADA Law.

Mention shall be made of these declarations in the attachment report. A copy of the report bearing same signatures as the original shall immediately be handed to the debtor; such handing over shall serve as notification.

Where the debtor was not present during the attachment process, a copy of the report shall be served on him giving him a period of eight (8) days within which to inform the bailiff or process server of any details relating to all previous attachments and to send to him the report thereof.

The debtor shall continue to use the property rendered inalienable by the attachment save where such property is consumable. In such a case, he shall be required to bear in mind its estimated full value at the time of attachment.

However, the competent court may upon an application at any time and even before the commencement of the attachment and after hearing the parties or having duly summoned the parties, order the return of part of the property to a sequester it may appoint.

Where part of the property attached is a motor-vehicle, the competent court may after having heard or duly summoned the parties, order its immobilization pending removal for sale by any means which shall not lead to the deterioration of the vehicle.

Sums in cash may be attached up to the amount of the claim of the distrainor. They shall be kept in the custody of the bailiff or process server or at a registry of the distrainor’s choice.

Mention shall be made thereof in the report of attachment, which shall also indicate, under pain of nullity, that the debtor has a period of fifteen (15) days, from notification of the said report, to contest it before the court of the place of the attachment which shall be named in the report.

Where the attachment is contested and no order made for payment to the creditor or restitution to the debtor, the competent court may order that the amount claimed be deposited in the registry.

Where the attachment is not contested within the prescribed period, the sums shall immediately be paid to the creditor and deducted from the total amount claimed.

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