Earlier this week drew attention The evening paper a case where a woman had lent her car to a friend in debt, whose own car had broken down. A while later, she received a call from the friend that the police had stopped him and were going to foreclose on the car.
The woman then showed proof of registration, account statements, text messages, inspections and parking tickets to prove that she is the owner. But the attempts were not successful and now the car is expected to be sold at auction.
It has happened several times in the past that the Crown Bailiff has impounded cars that do not actually belong to the person in debt.
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“Yes, we can foreclose on the car if you have lent it”
Can the Bailiff seize property that does not belong to the debtor? Yes, at least when it comes to cars.
“Yes, we can seize the car if you have lent it out and even though it is registered to you.”, the Kronofogden writes on its homepage.
The authority states that they are making an assessment of who the car belongs to and that information about who is the registered owner is no proof of who owns it.
“The fact that the person you have lent it to has it is often enough for us to consider that the car belongs to that person.”, it says on the website.
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Then the Kronofogden can take possessions from your home
You who are debt-free can also happen to lose your possessions if you are cohabiting with a person in debt. News24 have previously spoken to Davor Vuleta, personal finance spokesperson at the Crown Enforcement Officer, who told us that there is a gray area when it comes to assets and property in cohabiting relationships.
– If you have a partner who has debts, you have to be careful because it may happen that we seize property because we don’t know who it belongs to. Then it must be proven that it is the partner’s property, he said at the time.
If the Bailiff has made an attachment on the wrong person’s property, you can appeal the decision and send it to the District Court for a review.
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