What seizures can a bailiff (now called a commissioner of justice) make?
Verified 28 October 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The Commissioner of Justice can make 2 types of seizures.
- He can make a seizure related to the obligation to pay, which is intended to fulfill an obligation to pay an amount due.
- It can make a seizure related to the obligation to make, which is intended to fulfill an obligation to deliver or return a good.
Obligation to pay
The Commissioner of Justice may make the following seizures:
- Attachment and assignment. It consists in seizing from another person the sums belonging to the debtor (for example, bank account seizure).
- Sales Attachment. It entails the sale of the debtor's furniture, even if it is owned by another person.
- Seizure of vehicle. It consists in immobilizing a vehicle (car, motorcycle) where it is located.
- Seizure of real estate. It involves the sale of a property (house, land), in case of claim important.
- Preservation. It temporarily prevents the debtor from selling or moving the seized property.
- Seizure of intangible rights other than money, such as securities or operating licenses (taxis)
- Seizure of standing crops
- Seizure of goods placed in a safe
Obligation to do
The Commissioner of Justice may make the following seizures:
- Seizure and apprehension furniture, whether owned by the debtor or another person, or put in a safe
- Claim-taking, which renders unavailable any tangible movable property (furniture, books, car...) while waiting for it to be delivered to the creditor, if such remission is justified
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