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Seizure of vehicle
Verified 23 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)
A right for a person to demand something from another person, usually the payment of a sum of money. A term often used to refer to the amount owed.
A person obligated to another person to perform an obligation (which may be payment of a sum of money)
Writing allowing the creditor to obtain the forced recovery of his claim (seizure of property)
An act by which a party informs its opponent of a legal act or decision through a commissioner of justice (formerly bailiff and judicial auctioneer)
Legal act by which an obstacle is put to an end. For example: release of foreclosures, release of mortgage.
Formality by which a procedural document or a decision is brought to the attention of a person
Person to whom money or the provision of a benefit is owed
An act generally served by a commissioner of justice (formerly a bailiff and judicial auctioneer) ordering a person to perform his or her obligations (for example, to pay unpaid rents).
Someone owes you money? In this case, you are the creditor and the person who owes you money is the debtor. If you are the creditor, you can force the debtor to pay his debt by instructing a commissioner of justice (formerly a bailiff and judicial auctioneer) to seize his vehicle. If you are the debtor, you are not notified of the seizure until it occurs. But then you can challenge the seizure, particularly if the Commissioner of Justice does not respect the rules of the seizure procedure.
What applies to you ?
You're the creditor
You can seek payment for a claim by having your debtor's vehicle seized (car, motorcycle, scooter, quad...). Two seizures are possible: one prevents your debtor from selling his vehicle, the other prevents him from using his vehicle and may result in the sale of the vehicle.
The Commissioner of Justice may seize any land motor vehicle (car, motorcycle, scooter, quad...) belonging to the debtor.
However, if the vehicle is necessary for him to carry out his professional activity personally, seizure is not possible (for example, if the debtor is a taxi driver or VRP).
You must have a enforceable title.
You have to have a commissioner of justice do the seizure.
Who shall I contact
The Commissioner of Justice may seize the vehicle by declaration to the administrative authority (e.g. prefecture). In this case, the debtor can no longer sell his vehicle.
The Commissioner of Justice may also detain the vehicle. In this case, the debtor may no longer use his vehicle. The vehicle can then be sold to reimburse you.
FYI
The Commissioner of Justice can initiate these two cases independently of each other: one after the other or at the same time.
Process
The Commissioner of Justice makes a statement to the administrative authority (e.g. the Prefecture).
This declaration shall be deemed to be seizure of the vehicle.
The Commissioner of Justice shall signify attachment to the debtor within 8 days, i.e. sending the debtor a document of service and a copy of the declaration.
Please note
the declaration expires after two years from its service on the debtor, unless it is renewed in the meantime.
Consequences
The debtor may continue to use his seized vehicle.
But he can no longer sell his vehicle. Carte grise Indeed, the certificate of registration (new name of the company) cannot be issued to a new holder, until the seizure is lifted. Only one release given by the creditor or ordered by the judge may authorize the sale.
The seizure of the vehicle is lifted, that is, it ends, after the debtor has paid you what he owes you.
Dispute of the attachment by the debtor
The debtor may challenge the seizure (unseizability of the vehicle or ownership of the vehicle or validity of the report...) before the judge of enforcement of the place where he remains.
On the same day the judge makes his decision, a copy of his decision is sent to you (and to the debtor and the Commissioner of Justice) by simple letter.
You and the debtor are also informed of the judge's decision by registered letter with acknowledgement of receipt.
The judge's decision can be appealed.
Process
The Commissioner of Justice shall draw up a detention report and hand it over to the debtor.
If the debtor is absent during the seizure, the Commissioner of Justice must inform him by simple letter (or deposited in the place where he remains).
In general, the vehicle is immobilized with a shoe. The vehicle can also be moved and deposited.
The immobilization shall in no case damage the vehicle.
The Commissioner of Justice notify an order to pay the debtor within 8 days of the date of immobilization of the vehicle.
If the debtor does not pay you, he has a period of one month from the date of the immobilization to sell his vehicle. The Commissioner of Justice informs you of the conditions of the sale, because the realization of the sale is subject to your agreement.
After one month, the vehicle can be sold at public auction.
Dispute by the debtor
The debtor may challenge the seizure (vehicle which does not belong to him or which is not capable of seizure, invalid report...) before the judge of enforcement of the court of the domicile of the debtor or of the place of immobilization of the vehicle.
On the same day the judge makes his decision, a copy of his decision is sent to you (and to the debtor and the Commissioner of Justice) by simple letter. You and the debtor are also informed of the judge's decision by registered letter with acknowledgement of receipt.
The judge's decision can be appealed.
You're the debtor
If you have a debt, your creditor may seek to be reimbursed by having your vehicle seized (car, motorcycle, scooter, quad...). Two seizures are possible: one prevents you from selling your vehicle, the other prevents you from using your vehicle and may result in its sale. You can challenge each of these seizures.
Any land motor vehicle (car, motorcycle, scooter, quad...) can be seized.
However, if the vehicle is necessary for you to carry out your professional activity personally, seizure is not possible (for example, if you are a taxi driver or VRP).
Only a commissioner of justice can seize a vehicle. It may do so at the request of a creditor. The creditor must have a enforceable title.
The Commissioner of Justice can make 2 seizures:
- A seizure by declaration to the administrative authority (e.g. the prefecture), to prevent you from selling your vehicle
- A capital seizure, to prevent you from using your vehicle and result in its sale.
The Commissioner of Justice can make these 2 seizures independently of each other: one after the other or at the same time.
Process
The Commissioner of Justice makes a statement to the administrative authority (e.g. the Prefecture).
This declaration shall be deemed to be seizure of the vehicle.
The Commissioner of Justice must be with you signify the seizure within 8 days, i.e. he must send you a document of service and a copy of the declaration.
The declaration shall contain the following information:
- Your name and address (as debtor)
- Registration number and make of the vehicle seized
- Enforcement Order of the creditor
The document of service shall contain the following information:
- Separate statement of amounts claimed (amount of debt, charges and interest due)
- Possibility to challenge the seizure before the judge of the execution of the place where you live (in very visible characters)
FYI
the declaration shall expire after two years from its service, unless it is renewed in the meantime.
Consequences
You may continue to use the seized vehicle.
But until the seizure is lifted, you can't sell your vehicle. Carte grise Indeed, the certificate of registration (new name of the company) cannot be issued to a new holder, except in the case of release given by the creditor or ordered by the enforcement judge.
The seizure of the vehicle is lifted after you have paid your debt to the creditor.
Challenge
You can challenge the seizure (for example, because the vehicle does not belong to you or because it is essential for your professional activity, or because the report is not valid...) before the judge of execution.
You must apply to the court registry of your place of residence.
Who shall I contact
On the same day the judge makes his decision, a copy of his decision is sent to you (and to the debtor and the Commissioner of Justice) by simple letter. You and the debtor are also informed of the judge's decision by registered letter with acknowledgement of receipt.
The judge's decision can be appealed.
Process
In general, the vehicle is immobilized with a shoe. The vehicle can also be moved and deposited.
The immobilization shall in no case damage the vehicle.
The Commissioner of Justice then draws up a detention report. The document shall contain the following information:
- Enforcement Order authorizing seizure
- Date and time of entry
- Place of detention (or place where the vehicle was transported to be stored)
- Description of the vehicle (registration number, make, color and, where appropriate, apparent content and visible damage)
- Indication that you are or are not present at the time of typing
The Commissioner of Justice then gives you the detention report.
FYI
the vehicle may be immobilized during a foreclosure, practiced in the premises you occupy or in the premises of another person who holds the vehicle on your behalf.
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You are present during the immobilization
Within 8 days of detention, the Commissioner of Justice must notify you of a command to pay.
This command shall contain the following information:
- Copy of the detention report
- Separate statement of the amounts claimed (debts, expenses, interest due) and the interest rate
- Warning that if you do not pay and sell your vehicle within one month, your vehicle will be sold at public auction
- Indication that you can challenge the detention before the judge of the execution of the place where you live or the place of immobilization of the vehicle
- Text of Articles R221-30 to R221-32 of the Code of Civil Enforcement Procedures
If you don't pay, you have one month from the immobilization date to sell your vehicle. The Commissioner of Justice informs the creditor of the conditions of sale, as the sale can only take place with the agreement of the creditor.
After one month, your vehicle can be sold at public auction.
You're absent
On the day of the seizure, the Commissioner of Justice must inform you of the detention by simple letter sent or deposited at your address.
This letter must state:
- Enforcement Order authorizing seizure
- Place of detention, or the place where the vehicle was transported for storage
- Warning that the detention is a seizure and that, if the vehicle has been detained on the highway, the place where it can be transported within 48 hours
- Note that you can challenge the detention before the judge of the execution of the court of the place of immobilization of the vehicle and the address of the registry (in very visible characters)
Within 8 days of detention, the Commissioner of Justice must notify you of a command to pay.
This command shall contain the following information:
- Copy of the detention report
- Separate statement of the amounts claimed (debts, expenses, interest due) and the interest rate
- Warning that if you do not pay and sell your vehicle within one month, your vehicle will be sold at public auction
- Indication that you can challenge the detention before the judge of the execution of the place where you live or the place of immobilization of the vehicle
- Text of Articles R221-30 to R221-32 of the Code of Civil Enforcement Procedures
If you don't pay, you have one month from the immobilization date to sell your vehicle. The Commissioner of Justice informs the creditor of the conditions of sale, as the sale can only take place with the agreement of the creditor.
After one month, your vehicle can be sold at public auction.
Challenge
You can challenge the seizure (for example, because the vehicle does not belong to you or is essential to your professional activity, or because the report is not valid).
The challenge is by summons to the enforcement judge the court of your domicile or the place of immobilization of the vehicle.
Who shall I contact
On the same day the judge makes his decision, a copy of his decision is sent to you (and to the debtor and the Commissioner of Justice) by simple letter. You and the debtor are also informed of the judge's decision by registered letter with acknowledgement of receipt.
The judge's decision can be appealed.
Seizure by declaration to the administrative authority
Seizure by declaration to the administrative authority
Vehicle immobilization seizure
Vehicle immobilization seizure
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National Institute of Consumer Affairs (INC)