What seizures can a bailiff (now called a commissioner of justice) make?
Verified 10 May 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The Commissioner of Justice can make 2 types of seizures:
- An entry related to the obligation to pay, whose purpose is the performance of an obligation to pay an amount due.
- An entry related to the obligation to, which is intended to fulfill an obligation to deliver or return goods.
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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)
- Seizure of vehicle. It involves immobilizing a vehicle (car, motorcycle) where it is located
- Sales Attachment. It involves the sale of furniture from the debtor, even if they are held by another person
- Seizure of real estate. It involves the sale of a property (house, land), in case of claim important
- Preservation. It temporarily prevents debtor to sell or move seized property
- Seizure of intangible rights other than money, such as securities or operating licenses (taxis)
- Seizure of crops on foot
- 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 Attachment, which renders unavailable any tangible personal property (furniture, books, car...) pending its delivery to the creditor, if such remission is justified.
Article 1: Tasks of the Commissioner of Justice
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