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Job Search: The Unseizability of a Computer for Unemployed Individuals
In a recent ruling on June 28, 2012, the Court of Cassation addressed the issue of whether a computer used by an unemployed person could be seized as part of a creditor’s actions. The case involved a debtor whose property had been seized and sold by a creditor. The debtor, seeking to protect his personal computer from seizure, requested the execution judge to declare it unseizable on the grounds that it was essential for his job search.
According to Article L. 112-2 of the Code of Civil Enforcement Procedures (formerly Article 14 of Law No. 91-650 of July 9, 1991), certain movable properties, deemed necessary for the life and work of the seized individual and their family, are generally unseizable, except for the payment of their price. Article R. 112-2 of the same Code (formerly Article 39 of Decree No. 92-755 of July 31, 1992) specifically includes “work instruments necessary for the personal exercise of a professional activity” among the protected goods.
The unemployed debtor argued that his personal computer was indispensable for his job search and should therefore be exempt from seizure. The Court of Cassation supported this argument, ruling that the computer in question qualified as an instrument necessary for the exercise of a professional activity and, consequently, could not be seized.
This decision highlights the recognition by the Court that in today’s digital age, a computer plays a crucial role in the job-seeking process. It is widely acknowledged that many job applications, networking opportunities, and research activities are conducted online. Therefore, for an unemployed person actively seeking employment, a personal computer is considered an essential tool.
By categorizing the computer as a work instrument necessary for the personal exercise of a professional activity, the Court acknowledged its significance in facilitating employment prospects. This ruling sets a precedent that protects the computer of an unemployed individual from seizure during debt collection procedures, ensuring that they have access to the necessary resources for their job search.
The decision by the Court of Cassation emphasizes the importance of recognizing the evolving nature of work and the tools required in the modern job market. It serves as a reminder that individuals should have access to the means necessary to pursue gainful employment, even during challenging financial circumstances.
Preserving Job Search Tools: The Unseizability of Job Search Computers
Understanding the legal protection of personal computers used for job searches and their exemption from seizure.
