Kihagyás

My vehicle has been seized, even though I use it to go to work, what can I do?

The use of a motor vehicle seizured that is indispensable for the occupation of the judgment debtor is regulated by Article 103(5) of the Vht.

In the course of seizure of a motor vehicle that is indispensable for the occupation of the judgment debtor, if a natural person, only the vehicle’s title shall be seized and the debtor shall be allowed to continue using the vehicle until it is sold. If the estimated value of such a vehicle does not reach 1.2 million HUF, the vehicle shall be exempted from enforcement. A motor vehicle is not considered essential for the exercise of an occupation simply because the debtor uses it to go to work.

 Consequently, the use of the vehicle until the auction can be requested from the bailiff in writing, specifying the appropriate reasons. Proof of this is not bound by formality, but it is advisable to specify in detail that the vehicle is indispensable for the purpose of work and it is also advisable to support it with documents. This exemption applies if the vehicle is a work tool.

The use of a motor vehicle seizured for work purposes pursuant to Article 103(2) of the Vht.:

If the car is not a work tool, the court responsible for enforcement may allow the seized vehicle to be used by the natural person debtor until the auction. The condition for this is that the debtor must submit his request to the court within eight days after gaining knowledge of the seizure. The court allows the use of the vehicle if such use is necessary for the judgment debtor for his commute to and from work, for carrying out business or economic activities, or for transporting himself or his family members. It is an important condition that the judgment debtor had not previously been sanctioned by disciplinary fine.

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