Your car is much more than just a means of transport. For most French people, it represents a significant part of their assets. This economic reality has not escaped the attention of the legislator, who has gradually developed a specific legal arsenal to provide a framework for seizure procedures involving these special assets.
Legislative developments and current legal framework
For a long time, a motorised land vehicle (MLV) was a luxury item, but it is now a mainstream item. The French spend an average of 11% of their budget on them, or around €4,300 per household, according to an INSEE study published in 2013.
Until the early 1990s, there were no specific regulations governing the seizure of vehicles. The 1991-1992 reform of enforcement procedures filled this legal vacuum. Today, the matter is governed by the Code of Civil Enforcement Procedures (CPCE), created by Order no. 2011-1895 of 19 December 2011 and Decree no. 2012-783 of 30 May 2012.
The main provisions are set out in articles L.223-1, L.223-2 and R.223-1 to R.223-13 of the CPCE. These texts have been supplemented by the reforms to the law on security interests introduced by Order 2006-346 of 23 March 2006, followed by Order 2021-1192 of 15 September 2021 and its implementing decree 2021-1888 of 29 December 2021.
Decree no. 2023-97 of 14 February 2023 introduced major changes concerning the disclosure of pledges on registered motor vehicles and trailers.
Two distinct input modes
Seizure by declaration (intellectual)
This procedure is based on a method used by the tax authorities. The court commissioner makes a declaration to the competent administrative authority (prefecture). Notification of this declaration to the debtor has all the effects of a seizure.
Article L.223-1 of the CPCE sets out the principle: "The notification of this declaration to the debtor has all the effects of a seizure.
In practical terms, this procedure:
- Makes the registration certificate unavailable
- Prevents administrative transfers
- Blocks de facto any transfer of the vehicle
This method is particularly useful when the vehicle cannot be located or physically apprehended.
Seizure by immobilisation (real)
This second, more direct method involves physically immobilise the vehicle. Article L.223-2 of the CPCE authorises the judicial commissioner to use "any means" to immobilise the vehicle, provided that it is not damaged.
In practice, the hoof is the preferred tool. The court commissioner draws up an immobilisation report containing various compulsory details (art. R.223-8 of the CPCE), in particular:
- The writ of execution on which the seizure is based
- Date and time of immobilisation
- The location and description of the vehicle
After immobilisation, there are several possible purposes according to the status of the creditor:
- Payment of a sum of money (art. R.223-10)
- Delivery to the owner (art. R.223-12)
- Delivery to a pledgee (art. R.223-13)
Unseizability and special cases
Not all vehicles can be seized. Article L.112-2, 5° of the CPCE protects certain assets, in particular those "necessary for the life and work of the distrainee and his family".
Case law has evolved on this point. For a long time, a craftsman's vehicle was automatically considered unseizable as a work tool (Lyon, 16 October 1968).
Today, the Cour de cassation leaves it up to the trial judges to decide on a case-by-case basis. In a ruling dated 15 December 2005, the Second Civil Chamber clarified: "It was in the exercise of its sovereign discretion that the Court of Appeal held that the seized vehicle was not an asset necessary for the seized debtor's work". (Civ. 2e, 15 Dec. 2005, no. 04-14.600).
A simple journey between home and work is not enough to characterise a vehicle as a tool necessary for work. On the other hand, a vehicle used in the course of professional duties could benefit from this protection.
The status of registered but non-motorised vehicles (trailers, caravans, etc.) also raises questions. complex legal issues. While it seems possible to capture these data by declaration, immobilising them poses obvious technical difficulties.
When a vehicle is seized, the assistance of a lawyer is often crucial:
- Challenging an abusive seizure
- Claiming that the vehicle is necessary
- Negotiate payment terms and conditions
- Obtaining release from an immobilisation
The firm remains at your disposal to examine your situation and defend your rights if your vehicle is the subject of an accident. enforcement measure.
Sources
- Code of civil enforcement procedures, articles L.223-1 to L.223-2 and R.223-1 to R.223-13
- Order no. 2011-1895 of 19 December 2011 and Decree no. 2012-783 of 30 May 2012
- Order no. 2021-1192 of 15 September 2021 and Decree no. 2021-1888 of 29 December 2021
- Decree no. 2023-97 of 14 February 2023 on publicising the pledge of a land motor vehicle
- Court of Cassation, 2nd Civil Division, 15 December 2005, no. 04-14.600
- Lyon Court of Appeal, 16 October 1968, D. 1969.549, note by J. Prévault
- Répertoire de procédure civile, "Saisie des véhicules terrestres à moteur", Rémy BOUR, Doctor of Law, October 2024
EN 
FR