Seizure of land motor vehicles
Seizure by declaration: procedure and legal effects
By Raphaël MORENON1 April 2025Cars are often a significant part of a debtor's assets, making them a prime target for creditors. The law has developed specific enforcement mechanisms tailored to these valuable mobile assets. Among these, seizure by declaration is an effective intellectual measure, distinct from the physical immobilisation of the vehicle. 1 Origins and principle of seizure by declaration Seizure by declaration has its origins in a procedure used by the tax authorities: opposition to the transfer of a vehicle registration certificate. This technique was generalised at the time of the 1991-1992 reform of enforcement procedures. Now governed by articles L. 223-1 and R. 223-2 to R. 223-5 of the Code des procédures civiles d'exécution (CPCE), it enables the court commissioner, in possession of a writ of execution, to make a declaration to the relevant administrative authority. This procedure produces the effects of a seizure without requiring the physical apprehension of the vehicle. 2. Procedure for seizure by declaration Information...
The basics of seizing land motor vehicles
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesYour 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 govern seizure procedures for these special assets. Developments...Physical immobilisation of the vehicle: procedure and particularities
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesVehicle immobilisation is a formidable weapon in the legal arsenal of creditors. This enforcement measure, specifically designed for land motor vehicles, makes it possible to circumvent their mobile nature, which often represents a major obstacle during recovery proceedings. Principle and advantages of physical immobilisation Physical immobilisation represents a...Vehicle seizure: when your status as a creditor determines the procedure
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesRecovering an unpaid vehicle or obtaining payment for it? The procedure depends on your status. Whether you are a simple creditor, an owner or a pledgee, each situation triggers a different legal mechanism. The diversity of seizure situations Immobilising a vehicle is the initial stage common to all procedures. Whether the aim is to obtain payment or...The grey areas of car registration: special cases and complex situations
Law of guarantees, securities and enforcement measures, Seizure of motor vehiclesThe seizure of a land motor vehicle can be a tricky business, with atypical vehicles, creditor conflicts and competing procedures. To help you navigate these tricky waters, we take a look at some specific situations. Vehicles concerned and special cases Non-motorised registered vehicles A thorny issue concerns vehicles that are registered but have no engine...
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