A lien claim is that the property seized by seizure does not actually belong to the debtor3. It is opened with the claim that it belongs to a person. EBL articles 96-99.
Process
- During the seizure, the third party makes a claim for entitlement
- Enforcement office status files
- Enforcement court decides to remove/continue the seizure within 7 days
- Non-agreement → entitlement case first instance in law
Duration
- 7 days from learning of the lien
- If the period is missed, the right is forfeited
Proof
- Deed, license, invoice
- Witness statement
- Contracts (rent, sale)
- Bank records (who paid)
Supreme Court 8. HD
8. HD accepts that the "presumption of collusion" applies in property transfers between spouses, and that the property acquired within the marriage union will often be considered joint, but the burden of proof is on the person claiming the benefit.
Typical Scenarios
- Debt of the son living in his father's house
- Goods purchased on behalf of the company but used individually
- Tenant things (property owner If the debtor is indebted)
Compensation
20% compensation may be requested from the creditor with the claim of unfair seizure (EBL article 99).