ENFORCEMENT PROCEEDING

1. WHAT IS ENFORCEMENT PROCEEDING?

 

Enforcement proceedings are a legal procedure through which the creditor forcibly collects his claim. The enforcement case is filed before a State Bailiff /DUI/ or a Private Bailiff /PEA/, based on a writ of execution or other act subject to execution. The purpose of enforcement proceedings is to satisfy the creditor's claim. The procedure is strictly formalized and each action should be carried out in strict compliance with the law. Violations during the execution provide an opportunity for effective protection of the debtor.

 

2. DEBTOR PROTECTION

 

All actions in the enforcement proceedings should be carried out in strict compliance with the law. In case of violations in the enforcement proceedings, the debtor has effective means of protection. Some of them are:

• appeal against unlawful actions of the bailiff;

• claim for non-payment of the claim;

• request for suspension of execution;

• protection of non-sequestrable property.

• request for termination of enforcement proceedings;

 

3. LEGAL PROTECTION AND ASSISTANCE

 

The deadlines in enforcement proceedings are short and missing them can lead to adverse consequences. Timely consultation with a lawyer significantly increases the chances of successful defense. The lawyer gets acquainted with the enforcement case on site at the bailiff's office; analyzes the legality of the actions taken and takes the appropriate procedural steps: objections and claims in order to protect the interests and rights of the debtor.