Seizure and attribution of debts

The situation of the garnishee is one of the most emblematic in enforcement proceedings in general, and in the seizure of receivables in particular. By virtue of his status, the garnishee is deeply and necessarily involved in the enforcement procedure as a neutral party between the seizing creditor and the seized debtor. As such, he is a major and essential player in the seizure-attribution procedure, given the system of obligations and liability established for him by the OHADA legislator. The status of the garnishee is a lively and rather permanent source of litigation, both before the national courts of the Contracting States and before the CCJA. However, case law on the subject is not yet sufficiently stable. The aim of the present study is simply, through a multi-disciplinary approach, to open up avenues for reflection, to identify the main difficulties and to provide answers to the main questions raised by the status of the third-party defendant.