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Seizure for sale: fundamental principles and requirements
Your creditor has a writ of execution and you don't pay - he can have your furniture seized. Seizure and sale is a compulsory execution procedure governed by articles L. 221-1 et seq. of the CPCE, which enables the debtor's tangible assets to be seized and sold. Understanding the conditions and procedures involved is essential, whether you are a creditor seeking to recover what you owe or a debtor wishing to protect your essential possessions.
What assets can be subject to seizure and sale?
A bailiff arrives to seize your furniture: he can't take everything. Seizure for sale applies only to certain tangible movable assets, and the law protects a core of objects that are essential to everyday life. This overview shows you what can be seized and what you are entitled to keep.
The special status of vehicles in repossessions
Your debtor owns a vehicle and you are seeking to have it seized: the procedure is fraught with obstacles that creditors often underestimate. Between the non-seizability linked to professional use and the practical rules specific to land motor vehicles, the seizure and sale of a vehicle follows a system that is distinct from ordinary law.
Incidents relating to the ownership of goods in a foreclosure sale
Have goods that do not belong to you just been seized, or are you claiming ownership of a piece of furniture that has been seized for sale? These incidents raise questions of ownership that are decided by the enforcement judge, according to different rules depending on whether you are a debtor or a third party.
Objections and the addition of creditors to the seizure for sale
Several creditors want to seize the same assets from an insolvent debtor: how do they divide up the proceeds of the sale? Modern law has organised this situation by means of opposition-junction, which allows any creditor with a writ of execution to piggyback on a seizure-sale that has already begun.
Seizure of intangible rights: more than just shares
Does your debtor have no bank account or property, but owns shares in companies, brands or digital assets? These intangible assets can be seized. The CPCE provides for a dedicated procedure to sell the debtor's intangible rights, a lever often underestimated by creditors.
Methods of executionRelease of seizure - Conditions, guarantees
Your vessel is immobilised by a precautionary seizure: every day of inactivity means direct losses. Releasing your vessel allows you to sail freely again, subject to guarantee conditions or if the seizure is clearly irregular. Here are the legal bases and practical steps for doing so.
Methods of executionMaritime claims - Definition, types, maritime liens
Is your ship or your maritime activity at the heart of a payment dispute? Maritime debts are governed by specific rules, derived from international conventions, which determine which debts are eligible for precautionary seizure. Precise identification of these claims is a prerequisite for any collection strategy at sea.
Methods of executionSeizable and unseizable vessels
If you are planning to seize a ship, or if you are the owner of a ship and are worried about an enforcement measure, maritime law subjects these assets to a sui generis regime, distinct from ordinary movable enforcement measures. Between the flag, privileged maritime claims and immunities, the applicable rules are as precise as they are confusing.
Methods of executionAttachment of ships: procedure, conditions, effects
In maritime law, seizure and execution is the most radical measure available to a creditor: it leads to the forced sale of the vessel at public auction, rather than simply immobilising it. Regulated by articles L. 5114-23 et seq. of the French Transport Code, this rigid procedure pits creditors with a writ of execution against shipowners in difficulty. Procedure, opening conditions and effects.
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