What may/may not a bailiff's office do?


Questioner

My daughter has a claim against COMPANY (around 3000 euros) that has ended up with a bailiff's office. The claim has been outstanding for about 6 years. My daughter now lives with her boyfriend and his family but without a cohabitation agreement or something. My daughter does not work, has no benefits and therefore no income. She also has no possessions except for her clothes and some jewelry. I am authorized by COMPANY to arrange this for my daughter, since she is unable to do so. COMPANY does not want to waive the debt and has filed the decision with the bailiff's office. I received an email from them in which they propose a payment arrangement and if we do not respond to this by Monday at the latest, they will seize the debt. But I wonder what they will seize; for example, are they allowed to take my daughter's clothing and jewelry?

Lawyer

If the bailiff has an enforceable title (for example, a court ruling containing a conviction), movable property can also be seized. Certain goods are, however, legally exempt (for example, clothing for personal use). However, unless the goods are very valuable, it is questionable whether the bailiff will actually do so. If the seized goods would eventually have to be sold, the proceeds would probably not outweigh the (execution) costs. In that case, a bailiff will not seize property, as the creditor (his client) would not benefit financially from this. If the creditor's claim is justified and there is therefore an enforceable title, it is generally wise to make a payment arrangement (and of course to comply with it).

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