Lex Cameroon

Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution › Book 2 › Title 3 › Chapter 2 › Section 3

SECTION 109

Where the third party declares that property belonging to the debtor is in his custody, an inventory thereof shall be drawn up which shall, under pain of nullity, contain:- 1) the reference of the writ by virtue of which the attachment is carried out; 2) the date of the attachment, the full names, and residence of the distrainor or, in the case of a corporate body its legal form, corporate name and registered office; a possible choice of residence by the distrainor; 3) the full names and residence of the debtor or, in the case of a corporate person, its legal form, corporate name and registered office; 4) the full names and residence of the third party; 5) the third party’s declaration, and in bold characters, an indication that any inaccurate or false declaration shall make him liable for the debt, without prejudice to being held liable for any damages. 6) a detailed description of the property attached; 7) a statement in bold characters that the attached assets shall be inalienable, that they are placed in the hands of the third party, that they may neither be transferred nor removed, save under the circumstances provided for in Article 97 above, under pain of criminal sanctions; and that the third party is required to disclose the present attachment to any creditor carrying out a subsequent attachment on the same property; 8) a statement that the third party may avail himself of the provisions of Article 112 below, which shall be reproduced in the document; 9) a statement that the third party may assert his claim over the property attached , by a simple declaration or registered mail with acknowledgement of receipt or by any means with written proof addressed to the bailiff or process-server of the distrainor; 10) an indication of the court before which shall be brought any opposition relating to the attachment and sale; 11) an indication, where applicable, of the full names and status of the persons who were present during attachment process and who shall sign the original and the copies; in the case of refusal, it shall be mentioned in the report; 12) a reproduction of the criminal provisions governing fraudulent disposition of attached assets.
Official translation Spot-checked In force from 10 April 1998 Source page 33

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Texte français

This provision has no official French version. You can read an unofficial machine translation — for understanding only, never to quote.

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Section 109 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution /akn/ohada/act/loi/undated/aupsrve-1998
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