Within eight days from the failure of conciliation or in the case where a ruling was delivered, within eight days following the expiry of the time limit for opposition, the registrar shall give notice of the writ of attachment to the employer by registered mail with acknowledgement of receipt or by any other means with written proof.
The writ of attachment shall contain:
(1) The full names and residences of the debtor and the creditor or, in the case of corporate persons, their legal forms, names and registered offices;
(2) A separate account of the sums attached in principal, costs and accrued interest, as well as an indication of the interest rate;
(3) The method of calculation of the attachable fraction and the method of payment thereof;
(4) An injunction to declare at the registry within fifteen days, the nature of the relationship existing between the employer and the distrainee debtor, any assignments or attachments currently being carried out as well as any information authorizing deductions where the attachment concerns salary paid from public funds;
(5) A reproduction of Article s 185 to 189 of the OHADA Law.
Any employer who, without just cause, either fails to make the declaration provided for by Article 184 (4) above (OHADA Law) or makes a false declaration, may be declared by the competent court to be the debtor of the deductions to be made and ordered to pay the costs incurred because of him, without prejudice to an order to pay damages.
The employer shall be required to inform the registry and the distrainor within eight days of any changes in his relationship with the distrainee which may likely influence the proceedings in progress.
Effects of the Attachment
Upon notification of the writ of attachment the attached fraction of the salary shall become inalienable.
The employer shall send every month to the registry or the institution named for that purpose by each State Party the sums withheld from the earnings of the distrainee, without exceeding the attachable portion.
His obligations shall be extinguished upon the issue of a receipt from the registrar or by the acknowledgement of receipt of the money order issued by the postal department.
The garnishee shall attach to each payment a note showing the names of the parties, the amount paid, the date and references of the writ of attachment served on him.
Where the employer fails to make the payments, the competent court shall in its ruling adjudge him personally liable. The ruling shall be served on him by the registrar or the creditor by registered mail with acknowledgement of receipt or by any other means with written proof, within three days from the date of the ruling. Notice thereof shall be given to the debtor and, where necessary, to the creditor.
The garnishee shall have a period not exceeding fifteen (15) days from notification of the decision to declare his opposition at the registry.
Any ruling which remains unopposed within a period of fifteen days shall become final. It shall be enforced at the request of the most diligent party on the basis of a copy with an executory formula issued by the registrar.