What is a seizure and sale?
The seizure-sale allows to immobilize the goods of a debtor and to proceed to the sale of these goods in order to pay off one or several creditors.
In order to do so, the bailiff must have the original of a judgment to practice a seizure.
This judgment must include in its wording the executory formula which gives him the mandate to carry out the seizure-sale.
How does a procedure work?
The seizure and sale must be preceded by the service of a summons to pay by the bailiff because it is forbidden for a creditor to seize the goods of a debtor without notice.
The summons to pay must state the whole procedure and its origin in order to inform the debtor.
Thus to proceed to the seizure-sale the act must :
- formally cite and mention the writ of execution on which the creditor who claims payment of his due bases his request and include details of the sums actually due. A court decision, an unpaid check for example...
- It is also specified in the order that the debtor must pay within 8 days, and failing that, he may be forced to do so by the forced sale of his personal property.
If the debtor has still not paid within 8 days of the service of the bailiff, the latter may seize the goods.