The creditor shall carry out the attachment by means of an instrument issued by a bailiff or process server, served on the third parties in accordance with the provisions of Article s 54 and 55 of the OHADA Law.
The instrument, 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;
2) A choice of an address for service within the jurisdiction where the attachment is carried out, if the creditor is not resident therein ; any service or offer may be made at the chosen address;
3) A reference to the decision of the competent court or the enforceable instrument on the basis of which the attachment was carried out;
4) A detailed account of the amount of the sums for which the attachment is carried out;
5) A prohibition to any third party from disposing the sums claimed up to the amount owed the debtor;
6) A reproduction of the provisions of the second paragraph of Article 36 as well as those of Article 156 of the OHADA Law.
In the absence of an amicable settlement, any interested party may apply to the court that the sums attached be paid to an escrow agent who shall be appointed by the court of the place of residence or the place of abode of the debtor.
The handing over of the funds to the escrow agent shall stop interest owed by the garnishee from accruing.
Within a period of eight (8) days, under pain of forfeiture the sequestration shall be notified to the debtor through an Act of a bailiff or a process server.
Under pain of nullity, the Act shall contain;
1) A copy of the order of the competent court or, where applicable, of the enforceable instrument on the basis of which the attachment is carried out;
2) A copy of the attachment report;
3) A statement in bold characters of the debtor’s right, to apply to the competent court at his place of residence for an order of discharge of the protective measure, where the conditions of validity of the attachment are not fulfilled;
4) An indication of the court before which other disputes shall be brought, especially those relating to the attachment process;
5) A reproduction of the provisions of Article s 62 and 63 of the OHADA Law.
A garnishee shall be required to furnish the bailiff or process server with the information provided for in Article 156 of the law and to hand over copies of documents in support thereof. The information shall be mentioned in the report.
A garnishee who, without legitimate cause, fails to provide the information required may be liable to pay the sums for which the attachment is made where the said attachment is converted into a writ of attachment and award subject to any action he may bring against the debtor.
He may also be ordered to pay damages in the event of willful negligence or an inaccurate or false declaration.
Where the garnishee’s declarations are not contested before the act of conversion, they shall be deemed to be accurate for purposes of the attachment.