Seizure of the debtor's vehicle - how does it take place?
The bailiff seizure of the debtor's vehicle results from Art. 845§1 of the Code of Civil Procedure. Only the bailiff is entitled to such seizure and performs this activity by entering the vehicle in the report of the enforcement activities carried out.
Seizure of the debtor's vehicle
In the report, the bailiff is obliged to indicate the value of the seized vehicle, and if he has doubts as to the actual value or if the debtor or the creditor does not agree as to the value presented in the report, the bailiff is obliged to summon an expert in order to estimate the movable property. If the debtor's car is in the possession of a third party, the bailiff may make such attachment only with the prior consent of the person who is in control of the debtor's vehicle at the time or at least confirms that the car is owned by the indicated debtor. The general rule is that the bailiff may perform an action such as seizure of the debtor's vehicle only if it belongs to the debtor.
Seizure of the debtor's vehicle - what next?
After the vehicle has been seized by the bailiff, the debtor's vehicle may be sold, most often by public auction. It is important that the vehicle cannot be sold earlier than two weeks after the class becomes final.The bailiff is obliged to notify the debtor about the auction, indicating the date and place of the auction, at the latest three days before the auction.
Seizure of the debtor's vehicle - auction
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 cannot 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 who wants to join such a bailiff's auction must submit a warranty 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 its surplus is included in the sum obtained in enforcement. If the enforcement is discontinued, it is transferred to the State Treasury.
The bailiff grants a bond to the person who offered the highest price for the movable property put up by 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 he is nailed down. 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 o'clock the next day. Only after the payment of the entire amount is paid and the adjudication becomes final, the ownership of the auctioned movable property is transferred. If the court refuses to adjudicate for any reason, the buyer will be reimbursed the full amount paid.