Expertise
Enforcement & Bankruptcy Law
Enforcement and bankruptcy law covers debt collection, attachment, enforcement with and without judgment, proceedings specific to negotiable instruments, eviction enforcement, bankruptcy, composition and precautionary attachment. These processes are subject to short deadlines and formal rules; timely and correct action is required at every stage — payment order, objection, attachment, bankruptcy and composition. Our firm serves both creditors and debtors.
Process: Type of Proceedings, Payment Order and Attachment
The first and most important step is choosing the correct type of proceedings. If the claim rests on a court judgment, enforcement with judgment; on a cheque or promissory note, negotiable-instrument enforcement; on rent or eviction, lease enforcement. The wrong type can lead to annulment or loss of rights.
Once proceedings start, a payment order is served on the debtor, who may object to the debt, interest, jurisdiction or signature within set periods. If no timely objection is made, the proceedings become final and attachment follows — over bank accounts, wages, vehicles, real estate, commercial goods and third-party receivables.
Types of Enforcement
The main routes depending on the basis of the claim:
- Enforcement without judgment: monetary claims not based on a court decision (contract, invoice, current account)
- Enforcement with judgment: court decisions and judgment-equivalent documents
- Negotiable-instrument enforcement: cheques and notes — fast and effective collection
- Rent and eviction enforcement
- Enforcement by realising a pledge or mortgage
Objections and Actions
If the debtor objects to the payment order, the proceedings are stayed. Depending on the document, the creditor may file an annulment-of-objection action or seek removal of the objection; where conditions are met, denial-of-debt compensation may also be claimed.
A debtor who denies the debt may bring a negative declaratory action; if payment was made under threat of enforcement, a restitution action may recover it. Contracts, invoices, payment documents and commercial books are important.
Attachment and Protection of the Debtor
On finalisation, attachment is applied over the debtor’s assets; proper asset investigation and lawful attachment matter for collectability. Wage attachment and attachment notices to third parties (banks, employers) are common routes.
Certain assets are exempt or only partially attachable. Objections regarding wages, pensions, professional tools and basic household goods may arise; deadlines and the nature of the asset matter.
Sale, Annulment of Auction and Avoidance
Attached assets are realised by auction; valuation, publication and creditor ranking matter. An annulment-of-auction action lies against irregular sales, and objection against an erroneous distribution table.
Transfers, sales and gifts made by the debtor to defeat creditors may be challenged by an avoidance action, which examines intent, transfer date, price difference and the parties’ relationship.
Precautionary Attachment
Precautionary attachment secures collection by provisionally seizing the debtor’s assets, arising especially with cheques, notes, commercial receivables and where asset concealment is likely; the existence and maturity of the claim, prima facie proof and security are assessed.
Bankruptcy and Composition
Bankruptcy may be sought against merchants and statutorily specified persons where conditions are met; it liquidates the debtor’s assets to satisfy creditors, who must register their claims with the bankruptcy estate.
Composition (concordat) is a restructuring route for debtors in difficulty but able to continue operating. Provisional and definitive moratoria, the composition project, the creditors’ meeting and court approval are the key stages, requiring careful follow-up by both sides.
Our Enforcement & Bankruptcy Services
Our main services for creditors and debtors:
- Enforcement without/with judgment and negotiable-instrument proceedings
- Collection of cheque/note claims; rent and eviction enforcement
- Annulment/removal of objection; negative declaratory and restitution actions
- Precautionary attachment requests and conduct of attachment
- Wage attachment, third-party attachment notices and sale processes
- Annulment of auction, objection to distribution table and avoidance actions
- Enforcement by realising pledges/mortgages
- Bankruptcy actions, composition and debt restructuring; claim registration
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Enforcement & Bankruptcy Law
The objection period is generally seven days depending on the type of order; if missed, the proceedings become final. If you dispute the debt, object in time — and review the basis of the claim before deciding.
No. As a rule, at most one quarter of wages may be attached. Retirement pensions cannot generally be attached without the debtor’s consent, subject to statutory exceptions.
A special enforcement route for negotiable instruments is available. Checking whether the note meets validity requirements is important for choosing the correct type of proceedings.
Do you need legal support in this area?
We can schedule a preliminary consultation to assess your situation.
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