Enforcement and bankruptcy law governs the collection of monetary and secured claims through the power of the state. We handle enforcement proceedings, objections to payment orders, annulment of objections, attachment and title claims.
Enforcement and bankruptcy law governs the collection of unpaid debts through the power of the state. The Enforcement and Bankruptcy Act No. 2004 is the principal text. Time in this field runs in days; missing the period for objecting to a payment order allows the proceedings to become final and leads straight to attachment. If a payment order reaches you, it must therefore be assessed without losing time.
Acting for the Creditor
Starting Enforcement Proceedings
Choosing and conducting the type of proceedings that suits the file: enforcement without judgment (based on a note or invoice), enforcement with judgment (based on a court decision), proceedings specific to negotiable instruments, and enforcement by realisation of a pledge.
Annulment and Removal of an Objection
Proceedings brought to continue enforcement that has been stayed by the debtor\'s objection. In an action for annulment of the objection, enforcement denial compensation may also be claimed against a debtor who objected without justification.
Attachment and Sale
Attachment of movable and immovable property, of bank accounts and salary, and of vehicles; conducting the sale of attached property and the distribution of the proceeds. In salary attachment the portion protected by law is respected.
Acting for the Debtor
Objecting to a Payment Order
Objecting to the debt, the interest or the signature. An objection made within the period stays the proceedings. Objection to a signature in particular follows a separate procedure and must be handled carefully.
Annulment of Proceedings and Complaint
Applying to the enforcement court where the debt is time-barred, has been paid, or the proceedings are procedurally defective; and the route of complaint against the acts of enforcement officers.
Title Claims and Setting Aside a Sale
A title claim brought on the basis that attached property belongs to a third party; and applications to set aside a sale conducted improperly.