Custody of seized property

After seizing your property, the bailiff gives you custody of the property, as the debtor. This means that you are responsible for the seized property until it is sold.

You are required to accept custody. In addition, you may be required to provide reparation for any resulting prejudice, and you are liable to contempt of court if you:

  • remove the property without the bailiff’s consent;
  • damage the property;
  • fail to produce it;
  • fail to disclose a situation that results in its loss.

The bailiff may, with the authorization of the court, entrust the seized property to a custodian other than the debtor. Custody of the property cannot be given to an insolvent person or to a person who may be placed in a conflict of interest situation as a result, and the custody costs must be reasonable under the circumstances.

Last update: February 23, 2023


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