Enforcement proceedings are opened at the request of the claimant in order to recover his claim. In order to start enforcement proceedings against a debtor, an enforceable instrument is essential.
The applicant for enforcement applies for an enforcement sheet to be drawn up on the basis of the instrument on which enforcement is based. The court or the notary decides on the enforcement order, depending on the underlying instrument, and the enforcement is carried out by a separate bailiff.
Conditions for the order
An enforceable decision can only be issued if the general conditions for enforcement are met, i.e. the decision to be enforced contains an obligation (attachment), is final or enforceable with a presumption of finality or enforceability and the time limit for performance has expired. The enforceable instrument may be, inter alia, a final court judgment, a court order approving a settlement, a final order for payment or a debt acknowledgement in a public deed.
The procedure
- Consultation
The administration of the case starts with a preliminary consultation, during which we will examine the circumstances of the case, determine whether the conditions for an enforcement order are met and decide on the next steps to be taken.
- Opening of the procedure
The first step is to initiate enforcement proceedings against the debtor, by preparing an application for an Enforcement Order, which is submitted to the court or notary.
- Monitoring the procedure
In the event of enforcement proceedings, we represent the client before the bailiff, the court and other authorities, monitor the progress of the proceedings and keep our clients informed of developments.
