In Belgium

An enforcement seizure (saisie-execution / uitvoerend beslag) is the most direct form of seizure. It allows a creditor holding an enforceable title to seize the debtor’s movable assets and have them sold at public auction to satisfy the debt.

Prerequisites:

  • An enforceable title (court judgment, notarial deed)
  • Service of the title on the debtor by a bailiff
  • A payment order granting a final deadline (at least 24 hours for movables, 15 days for immovables)

How it works

Step 1: Payment order. The bailiff serves a formal demand to pay within the prescribed period.

Step 2: Inventory. If the debtor does not pay, the bailiff enters the premises and draws up a detailed inventory of seizable assets. Certain items are exempt under unseizability rules.

Step 3: Sale. The inventoried items are sold at public auction, typically within 1 to 2 months. The proceeds are distributed among creditors.

Priority. The landlord benefits from a privilege over furniture and movable property located in the rented premises. This privilege ranks ahead of most unsecured creditors.

Immovable seizure. For real estate, the procedure is more complex: a notary is appointed, a cahier des charges is prepared, and the property is sold at public auction by the court.

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Good to know
In practice, enforcement seizure of movable assets rarely yields significant amounts, as most seized items (used furniture, electronics) sell for a fraction of their value. Wage or bank attachment is usually more effective for recovering rent arrears.

Practical example

A landlord with a judgment for 7,200 EUR in rent arrears instructs a bailiff to carry out an enforcement seizure. The bailiff serves a payment order and visits 3 days later. Seizable items are valued at approximately 2,000 EUR. They sell at auction for 1,100 EUR. The landlord recovers the remainder through attachment of the former tenant’s wages. Total recovery time: approximately 8 months.