The crisis may be over, but many families continue to face serious financial difficulties and are on the verge of excessive debt.
I am in a very serious financial situation. I am over-indebted. I tried to negotiate with the authorities, but it was not possible to find a solution, so I was told that my assets could be seized. I am very worried. Could I lose my house and my car?
We know how difficult this phase of your life is. We hope to help you with the information listed below:
Seizure always begins with the easiest assets to execute, such as cash, precious stones, and metals, but almost all assets can be seized: houses, land, cars, motorcycles, computers, televisions, cameras, furniture, works of art, and fur coats are some examples.
When wages are seized, the amount retained cannot exceed one-third of the salary. If the debtor has no other income, an amount greater than the minimum wage cannot be seized, unless there is unpaid alimony.
The law protects owner-occupied and permanent residences in tax enforcement proceedings, restricting the sale of property that is the family home of the debtor. This law only applies to enforcement proceedings resulting from tax debts. Owner-occupied and permanent residences may not be adequately protected when the tax authority's attachment is not the first. Thus, foreclosure on housing for debts owed to private entities, such as banks, for example, will continue to be possible.
In the case of car seizure, the car is immobilized and the documents are seized. It is only removed when it is sold, and may remain immobilized and sealed at the debtor's doorstep for several months.
When the seizure is on rent, allowances, wages, salaries, or other periodic income, the court notifies, for example, the employer to deduct the seized amount from the employee's salary, which is then handed over to the enforcement agent. The debtor consumer may be informed of the attachment before or after it takes place: when a portion of the salary is withheld, for example, they only become aware of this when they receive their salary.
More specifically, if the bank account balance is seized, the seizure is carried out by means of a registered letter, with acknowledgment of receipt, addressed to the depositary, and the notification must also indicate that the amounts deposited in the accounts are unavailable from the date of the seizure. In the case of the attachment of deposited amounts, if there are new entries, i.e., new deposits, the bank must notify the tax enforcement agency so that it can immediately order the attachment or inform the bank that it is unnecessary.