PAYMENT AND DISTRIBUTION OF ATTACHED FUNDS (GARNISHMENT OF EARNINGS)

Any movement of funds shall be mentioned in the register prescribed in Article 176 of the OHADA Law.

Where there is only one distrainor creditor, the registrar shall pay to such creditor or his duly authorized agent the amount deducted as soon as he receives it from the employer.

The creditor or his authorized agent shall sign in the register provided for in Article 176 of the OHADA Law.

In the case of multiple attachments, the creditors shall rank equally subject to any legitimate preferential consideration.

Where there are several distrainor creditors, any payments made by a garnishee shall be deposited in an account opened by the registrar in a banking or postal institution or in the public treasury.

Withdrawals of funds for distribution from such account shall be made by the registrar upon the authorization of the president of the competent court.

The president of the competent court shall proceed to distribute the sums cashed quarterly during the first week of the months of February, May, August and November. He shall draw up a report showing the amount of costs to be deducted, the amount of preferential debts, and the amount of the sums allocated to the other creditors, if any.

The registrar shall give notice of the statement showing the distribution to each creditor and shall pay each his due.

The sums so paid to the creditors shall be discharged in the register provided for in Article 176 of the OHADA Law.

Where there is an objection against an intervention, the sums payable to the intervening creditor shall be held in an escrow account. They shall be paid to him where the objection is dismissed. Failing this, the said sums shall be distributed to the creditors or restituted to the debtor, as the case may be.

Any objection to the statement of distribution may be made within a period of fifteen days from its notification through an opposition filed at the registry.

The end of the attachment may result either from an agreement of the creditor(s) or from a finding of the President of the competent court that the debt has been extinguished.

It shall be notified to the employer within eight days.

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