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.
On this page:
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.
Opposition
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.
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.
Court decision
The court will have to rule on the merits of the opposition, whatever the type of seizure.
Service of the opposition
The opposition must be served on:
the bailiff,
the debtor,
the seizing creditor and
the garnishee
In addition, the request must be made known to the other creditors and the persons whose rights in the property are registered in the land register or the register of personal and movable real rights.
Time limit
The notice must be served within 15 days after notification of the minutes of seizure, the notice of sale or the seizure in the hands of a third person.
Notification of an opposition stays execution.
However, the notification of an opposition to a seizure for the execution of a judgment awarding support does not stay the distribution of the income already seized unless the court orders it stayed for exceptional reasons.
