Seizure and sale of tangible personal property

Verified 14 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Does anyone owe you a debt? In this case, you are the creditor and the other person is the debtor. As a creditor, foreclosure allows you to immobilize certain tangible personal property of your debtor (for example, collector's item, jet-ski, master painting, grand cru, certain furniture of the dwelling) and to obtain that it be sold amicably or forced. If you are the debtor, you can challenge the foreclosure, for certain reasons. We'll explain.

FYI  

Vehicles (car, motorcycle...) are subject to a specific typing procedure.

You're a creditor

It's a different approach depending on whether you have a maintenance claim, or another claim :

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Maintenance claim

To initiate foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you have to load a Commissioner of Justice of signify one command to pay to your debtor.

The order for payment includes your enforceable title and the amount of the sums claimed (debt, fees due and interest due).

If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice can do the foreclosure.

Warning  

Where the debtor's property is stored in the home of another person, the foreclosure may take place only if the enforcement judge authorized the foreclosure at the home of that other person.

Other claim

The rules are different depending on the amount of the claim:

Claim less than €535 (excluding fees and interest on late payment)

The rules vary depending on whether or not foreclosure is authorized by the enforcement judge:

Seizure-sale authorized by the enforcement judge

To initiate foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you have to load a Commissioner of Justice of signify one command to pay to your debtor.

The order for payment includes your enforceable title and the amount of the sums claimed (debt, fees due and interest due).

If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice can do the foreclosure.

Warning  

Where the debtor's property is stored in the home of another person, the foreclosure may take place only if the enforcement judge authorized the foreclosure at the home of that other person.

Without authorization from the judge

You must first hire a wage attachment or a bank account seizure.

If this priority entry is unsuccessful, then you can initiate a sales attachment.

To initiate foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you have to load a Commissioner of Justice of signify one command to pay to your debtor.

The order for payment includes your enforceable title and the amount of the sums claimed (debt, fees due and interest due).

If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice can do the foreclosure.

Warning  

Where the debtor's property is stored in the home of another person, the foreclosure may take place only if the enforcement judge authorized the foreclosure at the home of that other person.

Debt exceeding 535 € (excluding fees and interest on late payment)

To initiate foreclosure, you must have a enforceable title which proves that your claim is liquid (i.e. valued in money) and due (the payment date has passed). And you have to load a Commissioner of Justice of signify one command to pay to your debtor.

The order for payment includes your enforceable title and the amount of the sums claimed (debt, fees due and interest due).

If the debtor does not pay these sums within 8 days after the service of the order to pay, the Commissioner of Justice can do the foreclosure.

Warning  

Where the debtor's property is stored in the home of another person, the foreclosure may take place only if the enforcement judge authorized the foreclosure at the home of that other person.

Tangible personal property (e.g. certain furniture of the dwelling, collector's item, jet-ski, master painting, vintage) belonging to the debtor.

But there are exceptions:

Reminder

Only if the debtor does not pay the sums claimed within 8 days of service of the command to pay that the Commissioner of Justice may make the seizure.

The Commissioner of Justice goes to the debtor's house.

The Commissioner of Justice has the right to enter housingeven if the debtor is absent or refuses to let him in.

At the end of his visit, the Commissioner of Justice writes one of the following 2 documents:

  • Let's say one act of attachment.
  • Or, if no property can be seized because the property is unseizable or unsellable, a report of failure to act.

Where the Commissioner of Justice has drawn up an attachment order, the debtor may arrange for the amicable sale of the seized tangible personal property within one month. If no amicable sale takes place, a forced sale (public auction) will then be organized.

Until the sale, the debtor may continue to use the seized goods (unless they are consumable or put under sequester). But it is forbidden to give them away, move them or sell them (except in case of an authorized amicable sale). The only exception is that, in the case of a legitimate cause (fire, flood...), the debtor can move them provided that he informs you beforehand and indicates the place where they will be placed.

The debtor may contest:

  • Ownership of seized tangible personal property
  • Or the validity of the foreclosure (for example, the seized property is a elusive property)
  • Or the regularity of the attachment (for example, the attachment order does not contain all the mandatory particulars, or the claim is not valued in money).

The debtor must submit the challenge to the enforcement judge the place of seizure.

The debtor may arrange for the amicable sale of the seized property within one month of the seizure.

The next step is different depending on whether or not the debtor receives a purchase offer:

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In case of a purchase proposal

The debtor must inform the Commissioner of Justice of the proposed purchase he has received. The Commissioner of Justice then sends you that information.

You have 15 days to accept or reject the sale.

If you accept the sale, the sale takes place.

If you refuse all amicable sales, the goods will be sold at public auction (forced sale).

Please note

If you don't report your decision to the justice commissioner, you are considered to be in favor of the sale.

No purchase offer

If the debtor does not receive a purchase offer, the seized goods will be sold at public auction (forced sale).

Forced Sale Terms

Where the seized property is not sold as part of an amicable sale within the prescribed period, the forced sale (public auction) is possible. However, an additional period of up to 15 days may apply to give you time to decide whether to accept or reject a purchase proposal received as part of an amicable sale.

Preparing for sale

You have the choice of the location of the forced sale (public auction).

This sale usually takes place in the auction room.

It shall be advertised by posters, which shall be visible at the local authority of the debtor's domicile and at the place of sale, at least 8 days before the sale.

Selling progress

The invitation to tender is made to the highest bidder, after 3 auctions.

The price is payable in cash.

For each property sold, a bill of sale indicates the following information:

  • Well sold
  • Amount of sale
  • The identity of the buyer.

The sale is paid to the Commissioner of Justice.

Within one month of the sale, the Commissioner of Justice will give you the amount of the sale, up to the amount of your claim (including fees and interest). If the amount of the sale is not sufficient, the amount still due to you is increased by statutory interest rate, from the month following the sale.

You are a debtor

For foreclosure to be possible, the following 3 conditions must be met:

  • You did not pay this amount within the prescribed period
  • The creditor has a enforceable title providing evidence that the claim is liquid and due
  • The creditor has appointed a commissioner of justice to take you signify one command to pay, requiring you to pay the amount due within 8 days.

These are tangible personal property (for example, some furniture in the dwelling, collector's item, jet-ski, master painting, grand cru) that belong to you.

But there are exceptions:

Reminder

It is only if you do not pay the sums claimed within 8 days of the order to pay being given, that the Commissioner of Justice can make the seizure.

The Commissioner of Justice is going to your place.

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You're here

The Commissioner of Justice has the right to enter your homeYeah, even if you refuse to let him in.

The Commissioner of Justice verbally asks you to pay the amounts you owe.

In the event that you do not pay, you must inform the Commissioner of Justice if and which of your tangible personal property has already been seized.

At the end of his visit, the Commissioner of Justice shall draw up one of the following two documents:

A copy of the document is provided to you.

You're absent

The Commissioner of Justice has the right to enter your home, and seizes in your absence.

At the end of his visit, the Commissioner of Justice writes one of the following 2 documents:

A copy of the document is sent to you.

Once the Commissioner has drafted a seizure order, you can arrange for the amicable sale of the seized property within one month from the date of significance of this act. If no amicable sale can take place within this period, a forced sale (public auction) will then be organized.

Reminder

The seized goods are listed on the act of attachment that you were given by the commissioner of justice at the end of the seizure.

Until the sale, you can continue to use the seized goods (unless they are consumable or put under sequester). But you are prohibited from giving them away, moving them or selling them (except in the case of an authorized amicable sale). The only exception is that you can move the seized goods in the case of a legitimate cause (fire, flood...), provided that you inform the creditor beforehand and indicate to him the place where they will be placed.

FYI  

If you do not respect these rules, you can be punished with 3 years imprisonment and €375,000 of fine.

You can dispute:

  • Ownership of seized tangible personal property
  • Or the validity of the foreclosure (for example, the property is elusive)
  • Or the regularity of the attachment (for example, the attachment order does not contain all the mandatory particulars, or the claim is not valued in money).

To do this, you must enter by assignment the enforcement judge the place of seizure.

You can arrange the amicable sale of seized goods within one month from the date of significance the act of attachment.

The next step is different depending on whether or not you receive a purchase proposal:

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In case of a purchase proposal

You must inform the Commissioner of Justice in writing of the proposed purchase. You must tell them the name and address of the potential buyer, and the time limit within which they will pay the price.

The Commissioner of Justice then forwards this information to the creditor.

The creditor has 15 days to accept or reject this sale. If he does not inform the Commissioner of Justice, he is considered to be in favor of the sale.

If the creditor agrees, the sale takes place. Proceeds from the sale are paid to the Commissioner of Justice.

If the creditor refuses all amicable sales, the goods must be sold by public auction (forced sale).

No purchase offer

The seized goods will have to be sold at public auction (forced sale).

Forced Sale Terms

Where the seized property has not been sold in the course of an amicable sale within the prescribed period, the forced sale (public auction) is possible. But an additional period of up to 15 days is possible, to give the creditor time to decide whether to accept or refuse a purchase proposal received in the context of an amicable sale.

Announcement of sale

Forced sale (public auction) is usually held in the auction room.

It is advertised by posters, visible at the town hall of your home and at the place of sale, at least 8 days before.

The Commissioner of Justice informs you of the place, the day and the time of the sale at least 8 days before.

Selling progress

The invitation to tender is made to the highest bidder, after 3 auctions.

The price is payable in cash.

For each property sold, a bill of sale indicates the following information:

  • Well sold
  • Amount of sale
  • The identity of the buyer.

Proceeds from the sale are paid to the Commissioner of Justice.

Reminder

Proceeds from the sale are paid to the Commissioner of Justice.

Within one month of sale, the Commissioner of Justice shall:

  • It shall remit to the creditor the amount due (including interest and costs), deducting it from the proceeds of the sale.
  • If the amount of the sale is more than the amount you owe, he pays you the balance.
  • If the amount of the sale is not sufficient to repay the creditor in full, the amount you still have to return to the creditor is increased by statutory interest rate from the month following the sale.

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