Bailiff seizure of the car and subsequent auction


Art. 845 § 1 of the Code of Civil Procedure provides for the possibility of seizure of the debtor's movable property, and thus it is possible to seize the car and auction the car or another vehicle in its possession. This attachment may only be performed by a bailiff who, when seizing the debtor's movable property, places an appropriate entry in the record kept of the enforcement activities performed. It is precisely this entry of the vehicle into the protocol that constitutes the essence of the seizure. In addition, in such a report, the bailiff is obliged to indicate the value of the seized vehicle, and if he is not sure of determining the actual value or if the debtor or the creditor does not agree with the value of the property presented in the report, the bailiff is obliged to call an expert to assess the movable property. Sometimes it may happen that the debtor makes his vehicle available for use by another person. In this case, can the bailiff not seize the car?

Is it possible to seize a car that the debtor has made available to a third party?

Well maybe. If the debtor's car is in the possession of a third party, the bailiff may perform such seizure, however, the condition for the proper execution of this enforcement action is that the person who currently owns the debtor's vehicle or at least confirms that the car is owned by the indicated debtor has obtained consent. The general rule is that the bailiff can only seize the debtor's vehicle if it belongs to the debtor, i.e. it is his property.

When is the seized vehicle auctioned?

After the vehicle has been seized by the bailiff, the debtor's movable property may be sold, most often it is done by public auction. It is important that the vehicle cannot be sold earlier than the seventh day from the day of the seizure. The bailiff is obliged to notify the debtor about the auction, indicating the date and place of the auction. It must do so no later than three days before the auction is held.

The starting price of the seized vehicle

The regulations regulate the starting price of a vehicle at an auction. Thus, at the first public auction the price is ¾ of the estimated value of the movable property. If the car is not sold within this time, a second auction date for that vehicle is set. In the case of the second date, the price of the vehicle is lower and amounts to ½ of its estimated value. As a rule, a movable item sold by auction may not be sold at a price lower than the asking price (ie ¾ the estimated value of the vehicle in the first auction and, accordingly, ½ the estimated value in the case of the second auction). Each person (bidder) who wants to join such a bailiff's auction must submit a warranty (in the form of money), which is 1/10 of the sum of the estimate of the movable property. Such warranty is retained in the event of the bidder being confirmed, and the remaining bidders are returned to the surety they have made. If the bidder who has received the confirmation fails to pay the price, he loses his warranty irretrievably, which is intended for the costs of enforcement, and the surplus is included in the sum obtained in the enforcement, while in the case of redemption of the enforcement - it is transferred to the State Treasury.

What is a bailiff's delivery?

It is worth taking a moment to explain the concept of nailing and its legal consequences. Well, the bailiff grants a bid to the bidder who offered the highest price for the movable property put up by public auction. Such a confirmation is granted after the other bidders are called three times for further steps. The bidding results in the sale of the movable property to the highest bidder. In such a case, the buyer has to pay the price he offered immediately after the confirmation. However, when the value is greater than PLN 500, the buyer immediately has to pay only 1/5 of the price, not the whole price, and it cannot be less than PLN 500. The rest of the amount can be paid by the buyer by 12.00 the next day. Only after the payment of the entire sum and the confirmation becomes final, the ownership of the auctioned movable property is transferred to the buyer. If the court refuses to adjudicate for any reason, the buyer will be reimbursed with the full amount paid.