Can I Object to a Conservatory Seizure?

Why Should You Object?

A conservatory seizure remains valid for a period of three years. If you do nothing, the seizure can remain on your assets throughout that period, meaning you lose control over what rightfully belongs to you.

You do, however, have the option of proposing an amicable escrow arrangement (called "cantonnement"). This means the disputed amount is placed in a separate blocked bank account. The creditor retains a guarantee, while you regain control of your goods. Be aware that the funds remain inaccessible while blocked.

How Can You Object to a Conservatory Seizure?

To challenge the seizure, you must file a writ of summons clearly outlining why the seizure is unjustified. It is highly recommended that you seek legal assistance to ensure that your claim meets all formal requirements.

To lawfully impose a conservatory seizure, the creditor must meet two cumulative legal conditions. If either condition is not fulfilled, the seizure can be lifted.

1. A Certain, Due, and Determinable Claim

The creditor must demonstrate that:

• They have a valid claim against you;
• The claim is certain, meaning it appears well-founded or not seriously contestable;
• The claim is due, meaning the creditor is entitled to demand payment;
• The amount of the claim is either determined or provisionally estimable.

Merely disputing the claim does not automatically render it uncertain. The judge will assess whether there is a credible appearance of validity.

2. Urgency

Urgency is typically assumed when there is a risk to the debtor’s solvency, putting the creditor’s chances of recovery at risk.

If you can prove that you are solvent – for example, by owning real estate, holding a permanent employment contract, or maintaining stable finances – then there is no urgency, and the seizure may be lifted.

Time Limit for Objecting

Timing is critical.
You must file your objection within one month of being served the court order authorising the seizure. This is a strict deadline: if you miss it, you permanently lose your right to challenge the seizure.

Unless you opt for an escrow arrangement, the seizure will remain in place for three years.

What Are the Consequences of a Successful Objection?

If your objection is successful, the seizure will be lifted, and you will regain full freedom to sell, lease, or otherwise dispose of your assets.

If your objection is rejected, the seizure remains:

• For the remainder of the three-year period;
• Or until the creditor voluntarily lifts it (e.g., after a court ruling or a settlement);
• Unless the creditor fails to renew it on time, in which case it expires.