What you’ll learn in this article:

– Whether a bailiff can seize gifts and family heirlooms
– What applies to children’s property and why just saying “it’s not mine” isn’t enough
– What to do if something was seized that doesn’t belong to the debtor
– How to defend yourself using an exclusion action
– Why it helps to document your belongings before the bailiff arrives

⚖️ What the bailiff can seize – and what crosses the line

A bailiff is authorized to seize the debtor’s assets. But in reality, they often seize everything found at the residence, assuming it belongs to the debtor unless proven otherwise. The burden is on you to show it doesn’t.

Seized items may include:

• electronics, bikes, even if given to a child

• jewelry or family heirlooms – if inheritance isn’t documented

• toys or school supplies – if believed to be used by the adult

🧒 What about children’s belongings?

By law, a child’s property is untouchable. But in practice, if ownership is not proven, the bailiff can seize it. They list it first – and it’s up to you to fight back later.

The proper remedy is the so-called exclusion lawsuit (§ 267 of the Civil Procedure Code), which may be filed by the child’s legal guardian.
⚠️ Warning: the time limit is short, and you bear the burden of proof.

👻 Heirlooms, inheritance, sentimental items

The law doesn’t recognize emotional value. If you’ve inherited antique furniture, for example, it’s part of your estate and subject to seizure – unless you refuse the inheritance in time.

With gifts, if there’s no contract or proof (e.g. gift letter), the bailiff may presume the item belongs to the debtor and seize it.

🛡️ How to defend yourself?

1. Document your home inventory – ideally before enforcement

2. Keep receipts, inheritance records, and gift contracts

3. File a motion to exclude the item from the list promptly

4. File the exclusion lawsuit within 30 days

5. If the seizure was unlawful, you can claim damages

💬 Advice from the lawyer

I’ve helped many clients whose children’s toys, gifts, or family keepsakes were seized. Some hesitated; others didn’t have proof. And they lost everything.
👉 My advice: protect your property before it’s too late. Take inventory, take photos, and keep supporting documents. It may save what matters most.