Question juridique clé
Whether the enforcement office could attach objects located in the wife’s apartment and not in the debtor’s possession.
Solution extraite
Yes. The law does not exclude attachment of items not in the debtor’s possession; the officer must include items for which there are indicia of debtor ownership, even if they are with a third party.
Motifs extraits
Art. 109 of the Enforcement Act expressly contemplates third-party possession in the treatment of third-party claims. The officer must attach all assets appearing to belong to the debtor. Here, the circumstances created at least doubt as to ownership, so attachment was permissible and ownership could be clarified later in vindication proceedings.