Seized car? Get legal advice!


Questioner

I need my car to practice my profession, demonstrably with a statement from my employer. (I transport material that is not allowed on public transport) Does this also fall under article 447, paragraph 2 wbv Civil Procedure? Or is there another law or regulation that regulates this so that I can continue to have my car in the event of seizure. In my opinion, the car is a necessary vehicle/tool ​​in this case.

Lawyer

If the car does not belong to your personal company, in short, it is registered in the name of your own company, then article 447 does not apply. In short, your car can be seized. If you have debts and are afraid of a seizure, this will primarily concern wage garnishment. Cars are not easily seized for all sorts of practical reasons. For example, because the value of a car decreases every month and that is of little use to you as a seizing party. In the case of debts, it is best to contact a debt assistance agency to prevent worse and therefore seizure.

Lawyer

Seizure of cars is often intended to exert pressure: pay or sell the car. You can sell the car to someone else and continue to bear the costs yourself (for example to your spouse if you are not married in community of property or to a family member). Also make sure that your insurance is adjusted to the new relationships. Arrange it in such a way that there is no outstanding purchase price, otherwise it can be seized.

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