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Sales Entry

Verified 07 mars 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The seizure and sale allows the immobilization of the goods of a debtor and sell them in order to refund one or more creditors.. The goods are seized by a judicial officer and are then the subject of an amicable sale or, failing that, a public auction.

The seizure and forced sale of property is possible:

  • where one or more creditors have a cash claim (i.e. assessed in cash) and is due,
  • and the debtor has not paid his debt within 8 days of service of a pay command..

  FYI : if claim is less than €535 (excluding fees and interest) and not a claim, debtor is entered on its bank account or its revenues.. If this priority entry is not possible, the seizure-sale may take place.

The seizure and sale can only be carried out by judicial officer..

The property liable to be subject to seizure and sale are tangible movable property (furniture, books, vehicles including cars, scooters, ...) belonging to the debtorexcept elusive property.. It does not matter whether or not the property is owned by the debtor.

However, if the property is held in the home of a third party, seizure and sale must be authorized by query the judge of the court.

Thejudicial officer must address pay command to debtor..

The pay command must state:

  • the enforceable title on which the request for creditorand the amount of the sums it claims (debt, charges and interest due),
  • the debtor's obligation to pay within 8 days, otherwise the forced sale of his property may take place.

Asset Inventory

When debtor does not pay the debt within the specified period, the judicial officer can proceed with the seizure.

The judicial officer goes to the debtor.

If the debtor is present during the intervention of the judicial officer, the latter verbally reiterates the request for payment of the debt.

The debtor must inform the bailiff of the property which has already been the subject of a previous seizure. During the visit, the bailiff may, if necessary, photograph the seized objects.

At the end of the visit, the bailiff gives the debtor a document of seizure.

If the debtor is absent during the seizure, a copy of the document of seizure is sent to him by the bailiff.

The debtor retains the use of the seized property pending its sale (unless certain property is sequestered). However, they cannot be sold freely by the debtor or moved, under penalty of criminal sanctions. If a legitimate cause makes their displacement necessary, the creditor shall be informed in advance. The place where they will be placed is indicated to him.

  Please note : if no property can be seized (elusive property or goods without market value), the judicial officer draws up a report of deficiency.

Remedy

The debtor may contest the seizing of an asset within 1 month of service of the document of seizure.

He may also contest the validity of the seizure, up to the sale of the seized property.

To exercise the remedy, he must issue a subpoena to the judge of the court of his domicile.

For 1 month from the date of entry, the debtor may proceed to the amicable sale of his goods, in order to avoid the auction.

The debtor must then inform the judicial officer of the proposals made to him. The judicial officer shall communicate these particulars to the creditor, who may accept or oppose the amicable sale within 15 days. In the absence of a reply from the creditor, the creditor is presumed to have accepted the amicable sale.

In case of sale, the sum collected is paid to the judicial officer of the creditor. Goods sold are moved only after payment of the agreed amount.

In the absence of proposals or in case of opposition to the amicable sale, the goods are sold at auction.

The auction of the seized property is possible in the absence of an amicable sale.

The sale shall take place after expiry of the period of one month following the day of seizure, in addition to the 15-day period allowed to creditors in the event of a proposal to sell the seized goods amicably.

Advertising of the sale shall be carried out by means of posters indicating the place, day and time of the sale (at least 8 days before) and the nature of the goods seized.

The debtor is informed of the place and date of the sale at least 8 days before it is held.

Theauction is made to the highest bidder after 3 screams. The price is payable in cash.

The sale shall be stopped as soon as the amount of the debt and interest is reached.

A deed of sale of each property is drawn up.

The profit from the sale is divided between creditors with enforceable title.. They must have manifested themselves before the sale.

In the event of a difficulty in apportioning, the judge of the court shall decide on the division.