What is enforcement seizure?
Enforcement seizure is a legal action in which a creditor seizes the debtor’s assets to recover an outstanding debt. This is based on an enforceable title, such as a court judgment or a notarial deed. The difference from protective seizure is that enforcement seizure does not require prior authorisation from a judge, since the enforceable title already proves that the debt has been lawfully established.
The objectives of enforcement seizure are twofold:
- To put pressure on the debtor to make payment.
- To sell the assets if payment is not forthcoming, in order to settle the debt.
Conditions for enforcement seizure
To initiate this procedure, several basic requirements must be met:
- An enforceable title: this may be a final judgment, a notarial deed, or another legal document confirming the debt.
- Formal demand for payment: before seizure can take place, the debtor must be formally summoned by a bailiff to pay voluntarily.
- A due and payable debt: the debt must exist and be immediately recoverable.
How the seizure procedure works
Service of the enforceable title
The procedure begins with the bailiff serving the enforceable title on the debtor, along with a formal demand for payment. This gives the debtor a final chance to pay voluntarily and avoid further action.
Seizure of assets
If the debtor still refuses to pay, the bailiff may proceed with the seizure. The type of seizure depends on the specific circumstances.
How long before seizure takes place?
A locksmith and the police must always be present during a seizure. In some provinces, where police assistance is harder to obtain, this can cause delays. Additionally, bailiffs often operate in rounds, which can also affect the timing.
Setting a sale date
Enforcement seizure is mainly used as a pressure tool to compel payment. At the time of seizure, a sale date is set for when the seized assets will be removed and sold.
Sale of seized assets
If payment is still not made after seizure, the bailiff can arrange for the public sale of the seized goods. The proceeds from the sale are then used to repay the debt.
At Unpaid, we often see that the threat of such a sale already prompts (partial) payment from the debtor.
Note: The proceeds of the sale are first distributed among preferential creditors. The bailiff then drafts a distribution plan detailing who receives what.
The creditor must also keep in mind the principle of proportionality: the value of the seized goods must be in reasonable proportion to the debt. If the bailiff estimates that the sale would result in a loss, it will not take place since removal and sale also involve significant costs. Furthermore, certain goods such as essential household items, are legally protected from seizure.
A process with multiple steps and variable timing
The enforcement seizure process consists of several stages, from service of the enforceable title to the possible sale of assets. The speed of the process depends on factors such as police availability, the bailiff’s schedule, and the specific case circumstances. Realistic expectations and close cooperation with a bailiff are key to ensuring the process runs smoothly and achieves the desired result.
At Unpaid, we handle this entire procedure on your behalf. In most cases, enforcement seizure is not necessary, but if it does come to that, you can rest assured that everything is taken care of.
Do you have any questions about this procedure? Contact us at info@unpaid.be or on +32 9 396 34 00.