Opposition to seizure

As the debtor, you can oppose the seizure or sale of your property. In general, you can file an opposition to obtain 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.

Once your opposition has been notified, the seizure is stayed until the court has ruled on your case. However, an opposition to a seizure of income stays only the distribution of the sums seized (except if purpose of the seizure is to obtain the payment of support).

Opposition by other people

Other people may also oppose the seizure or the proposed sale of your property. For example, if you have leased a car, the lessor, as the actual owner of the vehicle, may oppose its seizure.

Your creditors can also oppose the proposed sale of your property if the price is not commercially reasonable or if the proceedings are affected by a serious irregularity.

Time limit for notifying opposition

You have 15 days to notify your opposition to the bailiff and various other parties, counting from the date of notification of the minutes of seizure, the notice of sale or the seizure in the hands of a third person.

An opposition notified after the 15-day time limit but before the sale begins cannot stop the sale, except if ordered by the court because you show sufficient cause.

How to notify your opposition

To notify your opposition you must complete the form Opposition to Seizure or Sale (SJ-857-01A) (PDF 320 Kb).

Last update: February 26, 2024


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