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Vehicle Entry

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

One creditor may seek payment of claim by grabbing the sound vehicle debtor (car, motorcycle, scooter, quad ...). The seizure is carried out, under conditions, by declaration to the prefecture or by immobilization of the vehicle.

To request seizure of the debtor's vehicle, the creditor must possess a enforceable title allowing entry.

He must then turn to a judicial officer, who will seize the vehicle.

Who shall I contact

The seizure may concern any motor land vehicle (car, motorcycle, scooter, quad, etc.) belonging to the debtor.

However, the seizure of a vehicle is not possible if the vehicle is necessary for the personal exercise of the professional activity (for example, if the debtor is a taxi driver or a VRP).

There are 2 procedures for the seizure of a vehicle:

  • seized by declaration to the prefecture, so that the debtor cannot sell his vehicle,
  • seizure by immobilization, so that the debtor cannot use his vehicle and to cause its sale.

These 2 procedures are not linked. They can be engaged independently of each other, one after the other or at the same time.

Entry by declaration to the prefecture

The judicial officer makes a declaration to the prefecture providing for the seizure of the vehicle. The return is entered.

The debtor receives a copy of the statement within 8 days. The declaration and the copy must contain all the following particulars:

  • name and address of the debtor,
  • registration number and make of the vehicle seized,
  • reference to the enforceable document authorizing seizure,
  • account of the amounts claimed.

If one of these entries is missing, the entry is canceled.

The declaration to the prefecture shall expire after 2 years from its service on the debtor, unless renewed in the meantime.

Consequences of input

The debtor may continue to use his seized vehicle.

However, until the seizure is lifted, the debtor cannot sell his vehicle. No certificate of registration (new name of the gray card) may be issued to a new holder, except release given by the creditor or ordered by the judge.

The seizure of the vehicle shall be lifted after payment of the debt by the debtor.

Remedy

The debtor may challenge the seizure by referring the matter to the enforcement judge. He must apply to the court registry of his place of residence.

Asset Entry

The creditor may ask the judicial officer to seize the debtor's vehicle by immobilization. When making the seizure of the vehicle, the bailiff must draw up a report of immobilization which must mention:

  • the enforceable document authorizing seizure,
  • the date and time of entry,
  • the place of detention,
  • vehicle description,
  • if the debtor is present or absent.

If the debtor is absent during the seizure, the bailiff must inform him by simple letter (or deposited in the place where he remains).

The vehicle is immobilized by a hoof, usually. It can also be moved and deposited.

The immobilizer must not in any way damage the vehicle.

FYI  

the vehicle may be stopped during a foreclosurein premises occupied by the debtor or by a third party holding the vehicle on behalf of the debtor.

Consequences of input

The bailiff shall notify a pay command to the debtor within 8 days of the date of immobilization of the vehicle.

The debtor may sell his vehicle amicably within one month, with the agreement of the creditor. After this period, the vehicle is sold at public auction.

Remedy

Any challenge to the seizure (seizure of the vehicle or ownership of the vehicle) shall be made by subpoena from the judge of the execution of the court. This is the court of the debtor's domicile or the place of immobilization of the vehicle.