Opposition to seizure
You can oppose the seizure or sale of your property. In general, you can file an opposition for the annulment of the seizure, to protect some of your property from seizure, or to retain a right to revendicate the property.
You can oppose a seizure on the following grounds:
- the proceedings are affected by an irregularity resulting in serious prejudice;
- the property is exempt from seizure;
- the debt is extinguished;
- the proposed sale price is not commercially reasonable.
Property belonging to others
If some of the property seized does not belong to you, its actual owner can file an opposition to annul the seizure. For example, the bailiff may seize a car in the belief that it belongs to you, whereas in fact it is leased. The lessor may oppose its seizure as the actual owner of the vehicle.
Your other creditors may oppose the proposed sale of your property only if the price is not commercially reasonable or if the proceedings are affected by a serious irregularity.
However, they may protect their right to be paid if they present a statement of prior or hypothecary claim within 10 days after the sale. This gives them priority for receiving some or all of the proceeds from the sale of your property.
Stay of seizure
The opposition stays execution of the seizure, except if the opposition is made solely to obtain:
- a reduction of the amount claimed;
- a withdrawal from seizure of part of the seized property.
Seizure of income
If your income is seized, only the distribution of the sums seized is stayed. However, if a judgment awarding support is being executed, the distribution of the income already seized is not stayed unless the court orders it stayed for exceptional reasons.
The court will have to rule on the merits of the opposition, whatever the type of seizure.