Where the person who has carried out a seizure and sale has an enforcement order prescribing the delivery or restitution of the seized property, the procedure shall be as set out in Articles R. 222-2 to R. 222-10, subject to the provisions of the second and third paragraphs of Article R. 222-16.
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.
The device used to immobilise a vehicle, in accordance with the provisions of article L. 223-2, clearly indicates the bailiff’s telephone number. An official imprint, the characteristics of which are determined by order of the Minister of Justice, shall appear on the device. The provisions of article R. 221-12.
If the vehicle is immobilised during a seizure and sale carried out on the premises occupied by the debtor or in the hands of a third party who is holding it on the debtor’s behalf, the procedure is the same as for a seizure and sale.
In all other cases, the bailiff will draw up an immobilisation report. Under penalty of nullity, this document contains 1° A reference to the enforcement order under which the vehicle was immobilised; 2° The date and time the vehicle was immobilised; 3° An indication of the place where it was immobilised and, if applicable, the place where it was transported to be deposited; 4° A brief description of the vehicle,…
If the vehicle has been immobilised in the absence of the debtor, the bailiff shall inform the debtor of this on the same day as the immobilisation, by simple letter addressed to or deposited at the debtor’s place of residence. This letter shall contain : 1° A reference to the enforcement order under which the vehicle has been immobilised; 2° An indication of the place where the vehicle has been…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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