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Fri, Oct

Council Of State Blocks Seizures Of Sole Homes Over State Debts

Council Of State Blocks Seizures Of Sole Homes Over State Debts

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The Council of State has set up a double layer of protection for primary residences against debts owed to the state, with a ruling that creates a new legal landscape.

In essence, the top judges ruled that before seizing a debtor’s only home, the competent authorities must have checked for and clearly ruled out the existence of other assets that could be used to pay the debt. In addition, as the reasoning behind this important decision shows, they go one step further by opening the door to canceling the auction of a debtor’s only asset.

Specifically, the Sixth Section of the Council of State, chaired by Vice President Ioannis Gravaris, blocks the seizure and auction of a primary residence that serves as a family home over debts owed to the state, the tax authority and other public bodies.

According to the judges of the Council of State, a debtor’s family home cannot be seized and included in an auction schedule if the debtor has other assets that can cover the amount

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