Enforcement proceedings are one of the main legal methods used for the collection of receivables. Before initiating proceedings, the basis of the receivable, debtor information, maturity of the debt and supporting documents should be carefully reviewed.
Ordinary Enforcement Proceedings
In ordinary enforcement, the creditor may request a payment order without a court judgment. If the debtor objects within the legal period, the proceeding stops and the creditor must consider an action for annulment of objection or removal of objection.
Attachment and Collection
Once the proceeding becomes final, attachment procedures may be applied to the debtor's assets. Different procedures apply to bank accounts, salaries, movable and immovable assets.
Importance of Documents and Deadlines
Contracts, invoices, promissory notes, account statements and correspondence are important in determining the enforcement strategy. Since deadlines in enforcement law are short, timely action is required at payment order, objection and attachment stages.