Lex Cameroon

Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution › Book 2 › Title 6 › Chapter 2

SECTION 231

After reminding the holder of the property that he is required to state whether the property has been subject to a prior attachment and, where necessary, to produce the report thereof, the bailiff or process-server shall draw up a deed of attachment which shall, under pain of nullity contain; (1) the full names and residence of the creditors and debtors or, in the case of corporate persons, their legal forms, names and registered offices; (2) reference of the authorization of the competent court which shall be annexed to the deed, or a mention of the writ upon which the attachment was carried out; (3) a detailed description of the property attached; (4) where the holder is present, his declaration as to a prior attachment of the same property; (5) a statement in bold characters that the attached property shall under pain of criminal sanctions be inalienable, it is placed in the custody of the third party, that it may neither be transferred nor removed, save under the circumstances provided for in Article 103 above,; and that the third party is required to disclose the present attachment to any creditor carrying out a subsequent attachment on the same property; (6) a statement in bold characters of the right to challenge the validity of the attachment and to apply to the court of the residence or place of abode of the debtor for an end to it; (7) an indication of the court before which shall be brought any opposition relating to the execution of writ of attachment; (8) an indication, under pain of criminal sanctions, where applicable, of the full names and status of the persons who were present during attachment exercise and who shall sign the original and the copies; any by any person refusal shall be mentioned in the deed ; (9) a choice of an address for service within the jurisdiction where the attachment is carried out, if the creditor is not a resident therein ; service or offer may be made at the chosen address; (10) a reproduction of the criminal provisions governing fraudulent disposition of attached property as well as the provisions of Article s 60, 61, 227 and 228 above. The bailiff or process-server may photograph the attached property under the conditions prescribed in Article 45 above.
Official translation Spot-checked In force from 10 April 1998 Source page 61

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Section 231 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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