Is the bailiff entitled to describe your movable property and which address?

 

According to the CPC, "the bailiff describes the item specified by the creditor only if he is in the possession of the debtor, unless it is clear from the circumstances that the property belongs to another person", which article should be read in conjunction with Article 69 of the CBA, it is assumed that "the possessor holds the thing as his own until it is proved to hold it to another." Ie. the fact that the items are located at the debtor's registration address determines their sequestration. The burden of third parties claiming ownership of movable property is the proof of ownership.

It is your responsibility to declare and prove to your local authorities the place of residence. Your statement that you do not live at the registration address of the bailiff's office is of no legal significance and does not stop the inventory of the property scheduled at your registration address.

Moreover, your absence during the inventory does not affect the regularity of the action. Once you have been summoned and notified of the date of the inventory and have not appeared, under the law, "The enforcement agent may, if necessary for execution, order the buildings of the debtor to be opened and searched for his belongings, dwelling and other premises." For this purpose, the bailiff may use the assistance of a police and a locksmith, a power given to him by the law. "State offices, municipalities, organizations and citizens are obliged to assist the bailiff. Upon request, the police authorities shall be obliged to assist the bailiff in obstructing the performance of his duties. "

Items subject to sequestration are ALL items except those explicitly specified in the Act for the ordinary use of the debtor and his family listed in a list adopted by the Council of Ministers;

 

2. the necessary food for the debtor and his family for one month, and for the farmers - for a new harvest or its equivalent in other agricultural produce, if there is no one;

 

3. the necessary fuels for heating, cooking and lighting for three months;

 

4. the machines, tools, supplies and books required personally by the liberal professor or the craftsman for the exercise of his profession;

 

5. the land of the debtor - a farmer: gardens and vineyards with a total area of ​​up to 5 acres or fields or meadows with an area of ​​up to 30 decares and the machinery and equipment required for keeping the holding, as well as fertilizers, plant protection products and seed for sowing - for one year;

 

6. the two heads of livestock, one cow, five heads of cattle, ten bee hives and poultry, as well as the necessary food to feed them to a new harvest or to grazing;

 

7. the debtor's dwelling, if he and none of the members of his family with whom he lives together have no other home, regardless of whether the debtor lives in it; if the dwelling exceeds the housing needs of the debtor and the members of his family determined by an ordinance of the Council of Ministers, the overwhelming part of it is sold if the conditions under Art. 39, para. 2 of the Property Act;

 

8. the objects and receivables provided for in another law as non-enforceable "and those referred to in the Decree of the Council of Ministers of 26.05.2003, namely:" 1. Items for personal use:

 

(a) an upper winter coat, an upper autumn coat, a hat, two suits (pants, shirts and jackets or sweaters respectively - for men and skirts or trousers, blouses and vests or sweaters or four dresses for women); work clothing;

 

(b) used shoes and lingerie.

 

2. All baby food and accessories.

 

3. Articles for domestic use:

 

a) one bed, one bed, one winter and one summer bed, and two bed linen for each member of the family;

 

b) one wardrobe, one kitchenette, ordinary tables and chairs;

 

(c) ordinary household and kitchen utensils and utensils and ordinary utensils for eating;

 

(d) the necessary heating appliances and a cooking stove;

 

(e) one washing machine and one refrigerator;

 

(f) one telephone and one radio.

 

4. Artificial organs, prostheses, spectacles and other aids and articles used by the debtor or members of his family for physical injury or injuries as well as medicines and other devices, devices and materials for treatment.

 

5. Educational tools, including books and musical instruments, the use of which is necessary for the general and professional training of the debtor and members of his family.

 

6. Domestic animals (pets) if not for sale.

 

7. Family and personal orders and distinctions. "