Title Fourth: Garnishment

Article 881

Any creditor may request from the President of the Execution Division seizure of property owed by his debtor to a third party from the following: 1- Sums of money and monetary debts, whether deferred or conditional. 2- ...

Article 882

1. The application for precautionary attachment is submitted by a summons attached with documents of the debt and other necessary documents. If the debt for which the precautionary attachment is requested is not with a third party as a guarantee for it, established by a document, the President of the Execution Department may decide to impose this attachment when evidence is available to him that suggests the existence of the aforementioned debt. 2. This attachment is not permitted as a guarantee for a debt that is not due for payment or suspended on a condition that has not been fulfilled yet, except in the cases specified in Article 111 of the Law of Obligations and Contracts.

Article 883

Article 883 - A creditor owing a debt to his debtor may request seizure of that debt against himself unless he has already satisfied it by set-off. This shall be accomplished by notification of the seizure to the obligor. The President of the Execution Division...

Article 884

If the debt for which the attachment is made is not of a determinate amount, the President of the Execution Department shall estimate its value provisionally, provided that he includes in the principal debt the accrued interest, one year's interest not yet accrued, and the expected fees and expenses.

Article 885

Article 885 (as amended) - The President of the Execution Division shall issue an order for provisional seizure from a third party or reject it or restrict it by security or provisional debt assessment without prior notice to the debtor. He...

Article 886

1. The attachment covers all debts owed by the debtor to the attachée up to the time of disclosure of what is owed to him, unless the attachment is specific to a particular debt or to a debt that is due periodically. 2. If the attachée has several branches, the attachment is only effective on the branch specified by the attaching party. 3. If the attaching party does not specify a particular branch of the attachée, the attachment is deemed to apply to the main center located in Lebanon and to its branches existing therein, and the notification is made in this case to the main center.

Article 887

In accordance with the provisions of the Banking Secrecy Law, it is not permissible to seize any of the current account elements independently, but rather it is permissible to seize the balance, and the notification of the seizure to the seized party entails the suspension of the account and its settlement, pending the execution of the seizure, based on the previous transactions, even if they have not been recorded therein.

Article 888

Article 888 (as amended) - The seizure order and its documents shall be communicated without delay to the third party in whose hands seizure is made, directing him to declare within five days what money or debt he holds, specifying each item and its amount...

Article 889

1. The garnishee shall submit his statement in response to the garnishment order, either by noting it on the notification memo or on the garnishment record, or by submitting it through a summons, or by sending it via a registered letter with acknowledgement of receipt, within five days from the notification. 2. The garnishee shall submit an additional statement for any subsequent garnishment or transfer of the debt, and for any destruction of the funds, within five days from the date of notification of the garnishment, transfer, or destruction. 3. The enforcement officer shall promptly notify the garnishor of the contents of the statement submitted by the garnishee, in order to enable him to contest it if necessary. 4. The original statement and the additional statement shall be exempt from any fees or financial stamps.

Article 890

Article 890 (as amended) - If the third party in whose hands seizure is made fails to submit the original declaration within the prescribed period, he shall be bound to the creditor for the amount which was the basis of the seizure unless he establishes an acceptable excuse to be assessed by...

Article 891

1. An amendment allows each garnishee and the person against whom the garnishment is made to contest the validity of the garnishment order in their possession by summoning them before the competent court in accordance with the general rules. If it appears that the person against whom the garnishment is made is acting in bad faith, the court shall impose a fine on them ranging from twenty thousand to two hundred thousand Lebanese pounds, while reserving the right of the garnishor to claim compensation for any damage they have suffered due to the delay and expenses caused by this conduct. 2. In the event that the contested garnishment order relates to movable assets, the enforcement officer, based on the president's permission, may enter the place where these assets are located and seize them. If the person against whom the garnishment is made conceals these assets or attempts to conceal them in bad faith, they shall be subject to the penalty for embezzlement and destruction of the garnished funds.

Article 892

Article 892 - Seizure produces the following effects: 1- Immobilization of all seized property in the hands of the third party from the date of notification of seizure and prevention of the latter from delivering or paying it to the debtor or from effecting set-off with...

Article 893

1. The President of the Enforcement Department may, upon the request of the garnishee, decide in accordance with the principles applied in urgent cases to limit the garnishment to a portion of the garnished funds sufficient to settle the debt. 2. The garnishor shall have a privilege over the portion in which the garnishment is limited, and the garnishee may dispose of the remaining portion of his debt.

Article 894

Article 894 - The third party in whose hands seizure is made may deposit the seized funds with the Division's treasury or with an acceptable bank even if the dispute is pending regarding proof of the creditor's claim. Seizure shall continue to attach to...

Article 895

1. The precautionary attachment with a third party shall lapse if the attaching party does not submit a request for the execution of his executive instrument or a claim before the competent court to rule in his favor for the debt that is the reason for the attachment, within a period of five days from the date of his notification by the Execution Department, based on a request from the attached party to notify him of the attachment decision, unless he has previously submitted such a request or claim. The attaching party must prove that he has done so within five days from the date of his written notification by the Execution Department, otherwise the head of the Execution Department shall automatically declare the lapse of the attachment. 2. However, it is permissible to submit a request for the execution of an unpaid debt instrument in order to prevent the lapse of the attachment, provided that the execution procedures are not initiated before the debt becomes due. 3. The Execution Department shall notify the third party of the decision to lapse the attachment. 4. The provisions stipulated in articles 871 and 872 regarding the precautionary attachment, shall apply to the attachment with a third party in terms of its conversion into an executive attachment.

Article 896

Article 896 (as amended) - The third party in whose hands seizure is made, upon notice issued by the President of the Execution Division in the execution phase and within a period not exceeding five days, shall deliver to this Division, with due regard to...

Article 897

1. If the seizure includes movable assets, it is required, upon the execution of the seizure document, that they be sold in accordance with the established rules for the sale of movable assets without the need for a new seizure. 2. If the seized funds are a debt that is not yet due for payment, it is permissible to sell them by public auction by order of the Head of the Execution Department and through the Execution Officer, unless a contrary provision is stipulated. 3. If the seized funds are a share in a company, they shall be sold in accordance with the rules stipulated in Articles 937 to 944, to the extent that they are consistent with the nature of these funds. 4. In cases where a legal provision grants the partners the right to approve the buyer, the partners shall have a period of ten days from the date of notification of the decision to refer to the company's headquarters to exercise this right. 5. If they do not declare their approval to the Execution Department within this period in accordance with the legal conditions, the buyer has the right to appeal for the liquidation of the sold share. 6. The distribution of the price shall be conducted in accordance with the provisions of Articles 990 and subsequent articles.

Article 898

Article 898 - If the seized debtor discharged the debt on a date prior to notification of seizure to the third party, the seizure shall not be effective. If discharge occurred after notification of seizure to the third party but prior to...

Article 899

If the release from the debt occurs after the notification of the seizure to the seized party with him and before its notification to the party against whom the seizure is made, then if after the release a second seizure occurs, the distribution shall be made as follows: first, the share of the first seizing party shall be determined by making a proportional distribution among the three parties, then the surplus shall be given to the party in whose favor the release was made, with priority over the second seizing party.