Guide · Garnishments & Over-Collection
Vehicle Garnishment in Enforcement Proceedings — Your Rights and How to Remove It
Garnishing and seizing a vehicle is a powerful collection tool in enforcement proceedings, but the debtor has rights and protections. It is important to know them and to check whether the collection is being carried out lawfully.
When may a vehicle be garnished and seized?
The creditor may request that a garnishment be imposed on a vehicle registered in the debtor's name, and later even request its seizure and sale to cover the debt. The process is conducted through the Enforcement and Collection Authority and is subject to approval by the Enforcement Registrar.
What protections does the debtor have?
- You may argue that the vehicle is essential (for example, for medical needs or for making a living) and request that it not be seized.
- You may settle the debt or reach a payment arrangement.
- If the vehicle is not owned by the debtor or is pledged to a third party — there may be limitations on the seizure.
How do you act to remove a vehicle garnishment?
- Check the file and debt details against what has actually been collected.
- File the appropriate application (a settlement, a claim of payment ("pareti") if it was paid, or a reasoned application against the seizure).
- If you were over-collected — request a refund of the excess amount.
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This guide is general information only, based on official public sources and databases, and does not constitute legal advice or a substitute for individual consultation with an attorney. Amounts and rules are updated from time to time. Use of the site does not create an attorney–client relationship.