Seizure of a motor vehicle

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

But if the debtor personally carries out his professional activity with the vehicle, seizure is not possible. This is the case, for example, if he is a taxi driver or VRP.

The creditor must load a commissioner of justice to seize the vehicle.

For this, the creditor must have a enforceable title representing a receivable unpaid.

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 fixed asset. In this case, the debtor can no longer use his vehicle. The vehicle can then be sold to reimburse the creditor.

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

This seizure takes place in 2 steps :

1. The Commissioner of Justice makes a declaration to the prefecture. This declaration is equivalent to seizure of the vehicle.

The declaration right obligatory provide the following information:

• Name and address of the debtor
• Registration number and make of the seized vehicle
• Enforceable Title of the creditor.

2. The Commissioner of Justice shall signify garnishment to the debtor within 8 days which follow the declaration, i.e. it must send the debtor a service of documents and a copy of the statement.

The act of service shall include the following information:

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

In the case of seizure by declaration, the debtor may continue to use the seized vehicle but cannot sell it.

In order to sell the vehicle, the debtor must wait until the seizure of the vehicle is lifted.

Indeed, the certificate of registration (formerly vehicle registration certificate) may be issued to a new owner only in the event of release given by the creditor or ordered by the enforcement judge.

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

The debtor may challenge the seizure by declaration, in particular on at least one of the following grounds:

• The vehicle does not belong to the debtor
• The debtor personally uses the vehicle for his professional activity
• The service is not valid.

The debtor must present this challenge by subpoena before the enforcement judge the court on which his domicile depends.

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

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

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

Equipped with a enforceable title, the Commissioner of Justice may seize a vehicle by immobilizing it, regardless of where it is located.

Depending on whether the debtor is or is not present during the seizure, it takes place differently:

In the case of attachment by fixed asset, the debtor can no longer use the seized vehicle.

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

If the debtor does not pay his debt despite the command to pay, he has 1 month to sell the seized vehicle. This period runs from the date of seizure (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 may be sold at public auction.

The debtor may challenge the immobilization 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 professional activity
• The record of seizure by immobilization of the vehicle is not valid.

The debtor must present this challenge by subpoena before the enforcement judge the court of his domicile or the place where the vehicle is immobilized.

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

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

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