Conviction of a bailiff’s study having seized an elusive good: a taxi driver’s car
Purpose of the decision
The enforcement judge of the Nanterre Court of First Instance recognized the fault of the bailiff who proceeded to the seizure of an unseizable asset constituting the professional’s work tool, in this case the car of a cab driver.
The court thus notably:
Declared the firm responsible for the damage suffered by the professional
Ordered the firm to pay the professional the sum of 2,205.60 euros for the material damage suffered
Declared that interest at the legal rate will be charged on the above amount from the date of delivery of the judgment
Ordered the firm to pay the professional the sum of 3,500 euros for the moral prejudice suffered
Ordered the firm to pay 1,500 euros under Article 700 of the Code of Civil Procedure and to pay all costs
Reminded that the provisional execution is automatic
This decision is final.
Jonathan BELLAICHE