Section 1: Seizure by declaration to the administrative authority

The administrative authority shall provide the court commissioner who so requests with the details entered in the register provided for in Article 1 of Decree no. 2023-97 of 14 February 2023 relating to the registration of a pledge over a registered land motor vehicle or trailer, as well as any information relating to the debtor’s rights over this vehicle.

The declaration of seizure provided for in article L. 223-1 shall contain the following information, failing which it shall be null and void: 1° The name and address of the debtor or, in the case of a legal entity, its name and registered office; 2° The registration number and make of the vehicle seized; 3° A reference to the enforcement order relied upon by the creditor. This declaration is served…

A copy of this declaration shall be served on the debtor within the following eight days, failing which it shall lapse. The notice of service reproduces the provisions of article R. 223-4 and contains a separate breakdown of the sums claimed, in principal, costs and accrued interest. It states in very clear characters that disputes must be brought before the enforcement judge in the debtor’s place of residence.

As from the date of service of the declaration of seizure of the vehicle and opposition to the transfer of the registration certificate, no registration certificate may be issued to a new holder unless the creditor releases the vehicle or the court orders otherwise. The declaration ceases to have effect two years after it is served, unless renewed in the same way as the initial declaration.

The effects of the declaration may not prejudice the creditor holding a pledge duly registered in accordance with the provisions of decree no. 2023-97 of 14 February 2023 relating to the registration of a pledge on a registered land motor vehicle or trailer.