SECTION 305

An application for subrogation may also be made where there is collusion, fraud, negligence or other cause for delay attributable to the distrainor, without prejudice to damages payable to the injured party. Negligence shall be established where the pursuing creditor has failed to fulfill a formality or has failed to engage any procedure within the prescribed time limit. A creditor may only apply for subrogation eight days after an unproductive summons to continue proceedings by a correspondence between counsel to creditors whose summonses to pay were previously filed in the office of the land registry. The distrainee shall not be joined to the action.