The Enforcement Procedure

“The debtor refuses to pay the debt established by the court ruling. What should I do, and whom can I turn to?” – asks our reader.

If we have an enforceable document (a final court ruling, notarial deed, promissory note, check, etc.) and the debtor refuses to fulfill their obligation, we can turn to a judicial enforcement officer to enforce the claim.

The enforcement procedure begins at the creditor’s request. The enforceable document can be submitted in person or by post to the competent independent judicial enforcement officer based on the debtor’s residence or headquarters, the location of the property subject to enforcement, or the place of enforcement.

The costs incurred during the procedure (stamp duty, fees for the enforcement officer and attorney, expert fees, translator and interpreter fees, etc.) are advanced by the applicant and later borne by the debtor.

Only certain, due, and enforceable claims can be subject to this procedure.

Within 3 days of the registration, the enforcement officer refers the matter to the court, which approves the procedure within 7 days. Afterward, the enforcement officer notifies the debtor of the enforcement procedure, informing them of who has a claim against them and urging them to fulfill the obligation within a short deadline.

The debtor can file objections against the actions and omissions of the enforcement officer.

The purpose of the enforcement procedure is to satisfy the creditor’s claim. For this, the enforcement officer must assess the debtor’s financial situation by obtaining the necessary information from various registers or through inquiries sent to authorities, banks, or companies.

To execute the procedure and map out the enforceable assets, the enforcement officer has the right to enter the debtor’s residence or headquarters, and with court approval, even the premises owned by third parties.

A common method of collecting monetary claims is to freeze the debtor’s bank account, whereby, at the enforcement officer’s request, the bank transfers the amount owed from the debtor’s account to the enforcement officer’s deposit account. Likewise, wages or pensions can be garnished, with the employer or pension authority transferring the legally deductible portion monthly to the deposit account.

The enforcement officer may also proceed with enforcement against the debtor’s movable (e.g., vehicle) and immovable property, in which case, if the legal conditions are met, an auction may be set for their sale.

The enforcement procedure can be initiated or continued against the debtor’s heirs as well.

The creditor must actively participate in the enforcement procedure; otherwise, the procedure will expire. The law prescribes a 6-month limitation period, during which, if no enforcement action or transaction takes place due to the creditor’s fault, the procedure expires.

This should not be confused with the statute of limitations on the right of enforcement itself, as a new enforcement procedure can be initiated as long as the claim remains enforceable during the limitation period.