A creditor in possession of a writ of execution in proof of his claim shall serve on the debtor an instrument bearing the conversion of the writ. Such instrument shall under pain of nullity contain;-
1) The full names and residence of the distrainee and the distrainor, or, in the case of corporate persons their legal forms, corporate names and registered offices;
2) Reference to the sequestration report;
3) A copy of the writ of execution except where such writ has already been mentioned in the attachment report, in which case mere reference to it shall be enough ;
4) A separate detailed account of all the sums payable by way of the principal, costs and accrued interest, as well as an indication of the interest rate.
5) A summons to pay the said sums within a period of eight (8) days, failing which the property attached shall be sold.
The conversion may be endorsed in the instrument bearing notification of the writ of execution.
Where the attachment is carried out on property in the hands of a third party, a copy of the instrument of conversion shall be served on the said third party.
Upon expiry of a period of eight (8) days from the date of the instrument of conversion the bailiff or process server shall proceed with a verification of the property attached. A report shall be drawn up with regard to any missing or damaged property.
In the report the distrainee shall be informed that he has a period of one (1) month to sell the property attached by private sale, under the conditions provided for in Article s 115 to 119 of the OHADA Law.
Where the property is no longer found at the place of attachment, the bailiff or process server shall enjoin the distrainee to inform him within a period of eight (8) days of the place where it is located and, in the event where it has been subject to attachment and sale, to provide him with the name and address of either the bailiff or process server who undertook the said attachment and sale, or the creditor on whose account it was carried out.
In the absence of a response, the creditor shall petition to the competent court which may order that the said information be provided, failing which, a periodic default fine may ensue, without prejudice to his right to institute criminal proceedings for misappropriation of the attached property.
Where there is no private sale within the prescribed period, a forced sale shall be proceeded with in accordance with the procedure laid down for attachment and sale.