Seizure of a motor vehicle

Verified 03 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Someone owes you money? In this case, you are the creditor and the person who owes you money is the debtor. As a creditor, you can force the debtor to pay his debt, by instructing a commissioner of justice to seize his vehicle (car, motorbike, scooter, quad...). If you are the debtor, you are not notified of the seizure until it occurs. You can later challenge this seizure, but only in certain cases. We'll explain.

Any land motor vehicle registered (car, motorcycle, scooter, quad, trailer...) can be seized.

But if the vehicle is necessary for the debtor to exercise personally his professional activity, input is not possible. This is the case, for example, if he is a taxi driver or VRP.

Only one Commissioner of Justice can seize a vehicle. It may do so at the request of a creditor having a enforceable title.

You must load a Commissioner of Justice to seize the vehicle. To do this, you must have a enforceable title.

The Commissioner of Justice can seize any registered motor vehicle (car, motorcycle, scooter, quad, trailer...) belonging to the debtor.

Warning  

If the vehicle is necessary for the debtor to to pursue his professional activity personally, the entry is not not possible (for example: the debtor is a taxi driver or VRP).

The Commissioner of Justice may seize the vehicle:

  • By declaration to the administrative authority (for example, the prefecture). In this case, the debtor can no longer sell his vehicle
  • By immobilization. In this case, the debtor may no longer use his vehicle. The vehicle can then be sold to reimburse you.

The Commissioner of Justice can initiate these two cases independently of each other. One after the other, or at the same time.

The Commissioner of Justice makes a statement 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 who follow, that is to say that he must send him a document of service and a copy of the declaration.

The declaration duty obligatory indicate the following information:

  • The name and address of the debtor
  • Registration number and make of the vehicle seized
  • Enforcement Order creditor.

Service shall include the following information:

  • Separate statement of amounts claimed (amount of debt, charges and interest due)
  • Possibility of challenging the seizure before the court of enforcement of the place where the debtor lives (in very visible characters)
  • Reproduction of the provisions of Article R223-4 of the Code of Civil Enforcement Procedures.

FYI  

Declaration expires after 2 years from its meaning, unless it is renewed in the meantime.

The debtor may continue to use the seized vehicle.

But as long as the seizure is not lifted, he cannot sell the vehicle seized. Indeed, the certificate of registration (formerly carte grise) may not be issued to a new owner, except where release given by the creditor, or ordered by the enforcement judge.

The seizure of the vehicle shall be lifted after the debtor has paid his debt to the creditor.

You can challenge the entry, including at least one of the following:

  • The vehicle does not belong to the debtor
  • The debtor uses the vehicle personally for his business
  • Service is not valid.

The debtor shall lodge such a challenge by summons to the enforcement judge of the court on which his domicile depends.

On the same day the judge makes his decision, a copy of his decision is sent by simple letter to the debtor, the creditor, and the Commissioner of Justice.

The debtor and creditor are also informed of the judge's decision by registered letter with acknowledgement of receipt.

The debtor or creditor may call of the judge's decision.

Equipped with enforceable title, the Commissioner of Justice may seize your vehicle by immobilizing it, wherever he is.

Depending on whether or not the debtor is present at the seizure, the sequence of events is different:

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Debtor present

In general, the seized vehicle is immobilized with a hoof. The telephone number of the Commissioner of Justice must be very clearly indicated on the device used for immobilization.

The vehicle can also be moved and deposited.

The immobilization shall in no case damage the vehicle.

FYI  

The vehicle may be immobilized during a foreclosure, made at the premises occupied by the debtor or at the premises of the person who holds the vehicle on behalf of the debtor.

The Commissioner of Justice then establishes a detention report and remits it to the debtor.

The detention report must obligatory 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 seized (registration number, make, color and, possibly, apparent content and visible damage)
  • Indication that the debtor is present at the seizure.

In the 8 days who follow the detention, the Commissioner of Justice shall notify to the debtor one command to pay.

The command to pay must obligatory 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 the debtor does not pay and does not sell the seized vehicle within one month, this vehicle will be sold at public auction
  • Indication that the debtor may challenge the immobilization before the enforcement court on which his domicile or the place of immobilization of the vehicle depends
  • Reproduction of the provisions of Articles R221-30 to R221-32 of the Code of Civil Enforcement Procedures.

Absent debtor

In general, the vehicle is immobilized with a shoe. The telephone number of the Commissioner of Justice must be very clearly indicated on the device used for immobilization.

The vehicle can also be moved and deposited.

The immobilization shall in no case damage the vehicle.

FYI  

The vehicle may be immobilized during a foreclosure, made in the premises occupied by the debtor or in the premises of a person who holds the vehicle on his behalf.

The Commissioner of Justice then establishes a immobilization report.

The detention report must obligatory 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 of whether the debtor is present at the time of seizure.

The same day of the seizure, the Commissioner of Justice shall inform the debtor of the detention, by simple letter sent or deposited to his 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 asset is worth typing
  • Warning that if the vehicle has been stopped on the public highway, it may be transported within 48 hours to another place (with mention of this place).
  • The statement, in very visible characters, that, in order to obtain a possible release of the detention, the debtor can either contact the Commissioner of Justice (with his name, address and telephone number)
  • A statement, in very visible characters, that the debtor may challenge the detention before the court enforcement judge of the place where the vehicle is detained (with the seat of the court and the address of the registry)

In the 8 days who follow the detention, the Commissioner of Justice shall notify to the debtor one command to pay.

The command to pay must obligatory 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 the debtor does not pay and if he does not seize the vehicle within one month, this vehicle will be sold by public auction
  • Indication that the debtor may challenge the detention before the court of enforcement of his domicile or the place of detention of the vehicle
  • Reproduction of the provisions of Articles R221-30 to R221-32 of the Code of Civil Enforcement Procedures.

If the debtor does not pay despite the command to pay, he 1 month to sell the seized vehicle. This period shall run from the date of immobilization of the vehicle.

The Commissioner of Justice shall inform the creditor the terms of the sale, as the sale can only take place with the agreement of the creditor.

After one month, the seized vehicle can be sold at public auction.

The debtor may contest the seizure of the vehicle, in particular on at least 1 of the following grounds:

  • The vehicle does not belong to the debtor
  • The debtor personally uses the seized vehicle for his business
  • The record of seizure by immobilization of the vehicle is not valid.

The debtor shall lodge such a challenge by summons to the enforcement judge of the court of his domicile or of the place where the vehicle is immobilized.

On the same day the judge makes his decision, a copy of his decision is sent by simple letter to the debtor, the creditor, and the Commissioner of Justice.

The debtor and creditor are also informed of the judge's decision by registered letter with acknowledgement of receipt.

The debtor or creditor may call of the judge's decision.

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