How to launch a court execution: Step by Step Guide

Judicial execution is an essential tool in the legal system, which allows creditors to recover the funds due from debtors through forced legal measures. In order for this process to proceed smoothly and legally, it is essential to comply with certain steps and formal requirements. The following article describes in item how to initiate judicial execution, what are the requirements for the application, and what roles the court and bailiff play in this process.

Step 1: Preparation of the Application for Initiation of Enforcement

The first and key step in the process of judicial execution is to submit an appropriate application. According to art. 796 § 1 Code of civilian Procedure (KPC), applyThis must be submitted to the competent court or bailiff, depending on the circumstantial jurisdiction. An application submitted to the bailiff may be made on an authoritative form, which simplifies the procedure and ensures compliance with the formal requirements.

What should the proposal contain?

The request for enforcement must contain respective key elements. According to Article 797(1) of the KPC, the application must specify precisely the benefit to be fulfilled. The creditor must find precisely what he requests from the debtor — whether it is the payment of a certain amount of money, the issue of a certain item, or the performance of a certain activity.

An implementing title should besides be attached to the application for enforcement. The implementing title may be a judicial judgment, a judicial settlement, a order for payment, as well as another decisions and papers which are subject to enforcement by law. Where the implementing title is electronic, a paper obtained from the electronic strategy should be attached to enable the enforcement authority to verify the existence and content of that title.

Step 2: Submission of the Proposal

A request for enforcement shall be submitted to the competent court or bailiff. The local jurisdiction shall find which court or bailiff is entitled to execute in a given area, while the substantive jurisdiction shall relate to the kind of case and the value of the dispute. Making certain that the application is submitted to the competent authority is essential to avoid delays in the execution process.

An application submitted to the bailiff may be made on an authoritative form. The Minister of Justice has set out the model and method of making specified a form available by means of a regulation. Forms are available free of charge at the chambers, courts and on the Internet, which allows for convenient completion and submission of the application.

Step 3: Enforcement proceedings

After filing a motion to initiate execution, the bailiff shall proceed. Its function is to implement the implementing title by applying appropriate coercive measures. This may include the attachment of the debtor's bank accounts, business of remuneration for work, as well as seizure and sale of movable and immovable assets.

In any cases, execution may be initiated ex officio. In accordance with Article 796(2) of the KPC, execution may be initiated ex officio at the request of the court of first instance which has examined the case. Enforcement may besides be initiated at the request of the authorised authority.

Step 4: Breakdown of the limitation period

If it is apparent from the content of the implementing title that the limitation period for the claim in question has expired, the application shall be accompanied by a paper indicating that the limitation period has been interrupted (Article 797 § 11 of the KPC). The interruption of the limitation period means that the claim has not expired and may proceed to be investigated in enforcement proceedings.

Step 5: Electronic Executive Title

Modern technologies let applications to initiate executions through the IT system. Where the basis for the execution is an electronic implementing title, the application shall be accompanied by a paper obtained from the electronic strategy (Article 797(2) of the NPC). The chamber is obliged to verify the content of the paper presented and to indicate in the strategy the fact of execution on the basis of that title.

Verification and surveillance

Initiating execution on the basis of an implementing title, the Chamber is obliged to verify the content of the paper obtained from the electronic strategy (Article 797 § 4 of the KPC). The intent of this verification is to guarantee that the title is correct and valid, which is crucial to the appropriate conduct of the enforcement procedure.

Effects of Non-compliance

The Minister of Justice laid down in the Regulation the consequences of the failure to bring the application for enforcement into line with statutory requirements. Failure to complete the formalities may consequence in a court or bailiff rejecting the application, which will hold the execution process. It is so crucial to complete the application thoroughly and attach all the required documents.

Summary

Initiation of judicial enforcement is simply a complex process which requires precise compliance with legal provisions and formalities. A key component is the correct submission of an application for the initiation of an execution and the addition of applicable papers specified as the executive title. Modern technologies besides let applications to be made through the ICT system, which can simplify and accelerate the process. Judicial execution is an crucial tool to enable creditors to prosecute their rights and recover. Compliance and appropriate preparation of the proposal are key steps to guarantee the effectiveness of this process.

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The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.