Lex Cameroon

Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution › Book 2 › Title 2 › Chapter 3 › Section 1

SECTION 64

After reminding the debtor that he is required to indicate any of his assets which have been subject to a previous attachment and to give the bailiff or process server the corresponding report thereof, the bailiff or process server shall draw up a report of the attachment which shall under pain of nullity, contain ;- 1) a reference of the decision of the competent court or the enforceable instrument on the basis of which the attachment was carried out; the originals or the certified true copies of these documents shall be appended to the original of the deed; 2) the full names and residence of the distrainor and distrainee or, in the case of corporate persons their legal forms, corporate names and registered offices; 3) a choice of an address for service within the jurisdiction where the attachment is carried out, if the creditor is not resident therein ; any service or offer may be made at the chosen address; 4) a detailed description of the property attached; 5) where the debtor is present, his declaration concerning any previous attachment of the same property; 6) a statement in bold characters that the attached property is inalienable; that it is in the hands of the debtor or any third party agreed upon by the parties or, failing such agreement, by a court order ruling in urgent application; that it may neither be alienated nor removed save under the circumstances provided for by Article 97 below, under pain of criminal sanctions; and that the distrainee is required to disclose the present attachment to any creditor carrying out a subsequent attachment on the same property; 7) a statement in bold characters of the debtor’s right, to apply to the competent court of his place of residence for an order of discharge of the protective measure, where the conditions of validity of the attachment are not fulfilled; 8) an indication of the competent court before which other disputes shall be brought, especially those relating to the attachment process; 9) an indication, where applicable, of the full names and status of the persons who were involved in the attachment process and who shall sign the original and the copies; where a person refuses to sign, it shall be mentioned in the report ; 10) a reproduction of the criminal provisions punishing the fraudulent disposition of the attached property, as well as the provisions of Article s 62 and 63 above. The provisions of Article 45 above may equally apply.
Official translation Spot-checked In force from 10 April 1998 Source page 20

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Section 64 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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