What does seizure mean?
It can take time to procure a basis for execution, and seizure is an opportunity to secure a claim before you have a basis for execution. Seizure is used in connection with monetary claims is there is a fear that a delay will cause problems for enforcement of the claim.
What is needed in order to petition for seizure?
In order to petition for seizure, you must substantiate the existence of a claim. You must also have grounds for taking security. This means that the debtor’s actions warrant a fear that enforced execution of the claim will be forfeited or significantly complicated.
What can be seized?
Any assets, including bank accounts and securities, can be seized, i.e. a pure restriction on the right of disposal. In exceptional cases, however, this may include movement restrictions, and then only a ban on exit permits, i.e. prohibiting the defendant from leaving the country.
What is the cost of petitioning for seizure?
You must pay a fee in order to petition for seizure. See fees and payment for a complete overview of fees.
What must a petition for seizure contain?
A petition for seizure must be submitted in writing, in 4 complete copies with appendices, and must contain the following:
- the parties’ names, addresses, dates of birth/Business Reg. Nos. and preferably telephone numbers
- an overview of the claim you want to secure, how you want it to be secured and the reason why you are petitioning for seizure
- other information and documents that substantiate the claim as well as possible
If it is important that the petition is processed by the Court without input from the opposing party, you must state why this is of particular importance. If you want the opposing party to cover legal costs of the case, this must also be stated.
As is the case for all other petitions, when you submit a petition for provisional security, you must be aware that, if the petition is not successful, this could lead to responsibility to pay the opposing party's legal costs. The liability for legal costs also includes the opposing party's attorneys' fees.
It is worth noting that the Court itself considers what form of security is necessary, and is thus not obliged to select the measures you request in the petition.
Depending on the case, Oslo County Court can handle a petition for seizure in a number of different ways:
- The petition can be turned down immediately if the Court finds it obvious that there is no claim that can be secured by means of an interim decision, or that special reasons warranting an interim decision are not in place
- The Court can arrive at an interim decision in the case without the opposing party being heard
- The Court summons the parties to a hearing before it reaches a decision
Seizure petitions that are approved are immediately forwarded to the Execution and Enforcement Commissioner for implementation. The Execution and Enforcement Commissioner will then take the necessary steps to secure the claim. This could, for example be accomplished by the Execution and Enforcement Commissioner notifying a bank regarding blocking of the defendant's account.
According to the law, a seizure ruling normally has a duration of 1 year from when the ruling is pronounced.
Subsequent oral negotiation
Rulings that are pronounced immediately, without a preceding court hearing, can be appealed. However, the opposing party, or others who are affected by the decision, can petition for oral negotiations. This is free of charge. If there is a petition for oral negotiation, the Court will summon the parties to a hearing. The Court will render a decision in the case by means of a ruling. This ruling can be appealed to the Court of Appeal. The appeal deadline is 1 month from when the ruling is served on you, and you must pay an appeal fee.