Seizure and apprehension: delivery or return of goods

Verified 14 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

By means of a seizure and apprehension, you can obtain the return or forced delivery of the goods that you claim. Garnishment may be necessary, for example, when a store refuses to deliver an item you have already paid for, or when someone, once delivered, does not pay the balance (i.e., the amount outstanding).

The rules of garnishment differ depending on whether you have a enforceable title ordering the property to be returned.

Lack of enforceable title

If you do not have an enforceable title ordering the return of the property, then you must ask the judge for a order to issue or return.

You must submit your request by request and provide a description of the property claimed and all supporting documents.

The competent judge shall be the enforcement judge of the court on which the domicile of the debtor.

If the judge accepts your application, he or she issues an order for the return of the property.

You must entrust the Commissioner of Justice (former bailiff and judicial auctioneer) with signify the order to the debtor.

The meaning contains a summation.

It gives the debtor 15 days to:

  • To transport the goods at its own expense in the place and under the conditions indicated in the summons
  • Challenge the order to the court registry, by statement against receipt or by registered letter with acknowledgement of receipt

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Without dispute by the debtor

If the debtor has not surrendered the property within the 15-day period, you can apply to the Registry affixing of the enforcement order on the order.

The order then becomes an enforceable title.

The remainder of the procedure differs depending on whether the debtor is the holder of the property or not.

The debtor owns the property

The Commissioner of Justice has less than 2 months after the order has been made enforceable to present it to the debtor.

After the seizure of the property, the Commissioner of Justice writes a act of apprehension good.

He shall hand it over to the debtor.

The property is held by another person on behalf of the debtor

You must follow the procedure provided in case of possession of an enforceable title.

In case of dispute

You must apply to the judge within 2 months of significance the order for it to decide on the issue or restitution of the property.

Who shall I contact

Enforcement Order

You have an enforceable title ordering the return of the property, so you can go directly to a commissioner of justice.

Who shall I contact

The conduct of the procedure differs according to whether the debtor is in possession of the property or is owned by another person on behalf of the debtor.

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Property held by the debtor

The Commissioner of Justice means the debtor is ordered to surrender or deliver.

This document shall include the following information:

  • Obligation to transport the goods within 8 days, under the conditions and place indicated (if the debtor does not comply, the goods will be seized at his expense)
  • Possibility to challenge the command before the enforcement judge the place where the debtor is domiciled

FYI  

if the debtor is present and refuses to transport the property at his own expense, the commissioner of justice may seize the property immediately. In this case, the Commissioner of Justice need not present a prior command, the presentation of the enforceable title enough.

After the handing over (or seizure) of the property, the Commissioner of Justice drafts an act of voluntary handing over or apprehending the property. This document shall be given to the debtor.

Property owned by another person

At home

You must ask the enforcement judge for a special authorization issued on request.

The competent judge shall be the judge of enforcement of the place where the third party resides.

The Commissioner of Justice may seize the property only on presentation of the enforceable title and the special authorization.

An act of apprehension is then addressed to the third party and the debtor.

Out of his home

If the property is owned by a person other than the debtor (a third party), the Commissioner of Justice shall signify to that person a summation hand over the goods and send a copy of that summons to the debtor.

The summons shall contain, in particular:

  • Obligation, within 8 days, to surrender the property or to inform the Commissioner of Justice of the reasons for his refusal to surrender the property
  • Possibility of challenging the summons

If the property is not voluntarily returned within the 8-day period, you can ask the enforcement judge of the third party's place of residence to order the return of the property. You must do this within one month of the summons.

If the judge orders the surrender, the property can be seized.

An act of apprehension is then addressed to the third party and the debtor.

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