For the purposes of attachment, a forced sale of real property shall be preceded by a summons
to pay, under pain of nullity.
Under pain of nullity, such summons shall be served on the debtor and, where necessary, on the
third party holder of the property and shall contain:
(1) a reproduction or copy of the writ of execution and the amount of the debt, as well as the
full names and address of the creditor and the debtor and, in the case of a corporate person,
its legal form, name and registered office;
(2) a copy of the special power to attach given to the bailiff or process-server by the pursuing
creditor, save where the copy and the original of the summons to pay is endorsed with a
special proxy given to the notary public or process server signed by the pursuing creditor.
(3) a warning that, failure to pay within twenty days, the summons may be registered at the land
registry and shall entail attachment from the date of publication;
(4) an indication of the court before which expropriation shall be pursued;
(5) the number of the land certificate and an indication of the precise location of the property
which is the subject of attachment; in the case of unregistered real property, the reference
number of the application for registration; and, where expenses have been incurred by the
debtor on land not belonging to him, but which had been assigned to him by decision of an
administrative authority, its exact description as well as the reference of the assignment
decision;
(6) the designation of the counsel whose address the pursuing creditor has chosen as his address
for service and where all oppositions to the summons, real tenders and notifications relating
to the attachment shall be served.
Official translation
Spot-checked
In force from 10 April 1998
Source page 67
Section 254 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998