For the last accrued arrears and sums still to mature, persons claiming maintenance allowance who are in possession of a writ of execution may, carry out a simple attachment of the attachable fraction of wages, remuneration, salaries and pensions paid to the debtor from public or special funds.
Their claim shall be preferred to all others, regardless of any preferential rights attached to the other claims.
Notice of the application shall be given to the third party by registered mail with acknowledgement of receipt or by any other means with written proof addressed by the bailiff or process server who shall notify the debtor by simple letter.
The third party shall, within eight days, acknowledge receipt of such application and state whether or not he is in a position to act on it. He shall equally inform the debtor of the cessation or the suspension of remuneration.
The third shall pay directly to the distrainor against a receipt, the amount claimed for maintenance allowance.
Any objection relating to these proceedings shall not stay execution.
They shall be made by written or verbal declaration at the registry of the court of the residence of the debtor paying the pension.
Where a new decision changes the amount awarded as maintenance allowance, or cancels or modifies the method of execution of the obligation, the application for direct payment shall, as of right, be modified in consequence with effect from the notification of the modifying decision to third parties in accordance with the provisions of Article 214 of the OHADA Law.