Any creditor in possession of a writ of attachment may, without a prior attempt at conciliation, intervene in the proceedings relating to the attachment of earnings in order to partake in the sharing of the sums attached.

Such intervention shall be by an application submitted or addressed to the competent court against an acknowledgment of receipt.

The application shall contain the declarations provided for in Article 179 of the OHADA Law.

The intervening creditor shall notify such intervention by registered mail with acknowledgement of receipt or by any other means with written proof to the debtor and to other creditors already in the proceedings.

Objection may be raised against the intervention by a declaration at the registry of the competent court at any stage of the attachment proceedings. In such a case, the objection shall be joint to the pending proceedings.

Where the attachment has already been carried out, the debtor may institute an action for the restitution of the sums paid in error to the intervening party.

A creditor who is a party to the proceedings may, by intervention, claim accrued interest, the costs and liquidated or verified expenses incurred since the attachment.

Scroll to Top