Expertise
Enforcement & Bankruptcy Law
A claim existing on paper and actually collecting it are two different things. Enforcement and bankruptcy law regulates the compulsory collection routes available to creditors while also protecting debtors against unlawful proceedings. Our firm manages proceedings for both sides.
How Do Enforcement Proceedings Start?
In the most common route — enforcement without judgment — the creditor applies to the enforcement office, which serves a payment order on the debtor. If the debtor does not object within seven days, the proceedings become final and attachment may follow.
If the debtor objects, the creditor may continue by filing an annulment-of-objection lawsuit or, where conditions allow, by requesting removal of the objection. Proceedings specific to negotiable instruments (cheques, promissory notes) involve different deadlines and objection rules.
Protection of the Debtor
Debtors have remedies against unfounded proceedings: objection to the payment order, negative declaratory actions, restitution claims and complaints regarding exempt assets are the main ones.
- Timely objection to the payment order
- Negative declaratory action to establish that no debt exists
- Restitution action to recover amounts paid
- Complaints concerning pensions and other exempt assets
Bankruptcy and Composition
For companies in financial distress, bankruptcy and composition (concordat) balance the interests of creditors and the debtor. Composition grants the debtor temporary protection to restructure its debts.
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 how to respond.
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.