Enforcement is the last weapon in the quiver of the creditor who seeks satisfaction of his claim and aims, it is said, at the literal administration of justice. In the case of pecuniary claims, when the debtor fails to comply with his obligation, the creditor proceeds, following a court decision or payment order, to seize the debtor's assets (movable and/or immovable property) and to liquidate them through a public forced - and now, of necessity, electronic - auction procedure. In the place of the creditor, in the vast majority of cases, it is the credit institutions or bad debt management companies which have not been able (or have not attempted) to find an out-of-court settlement with the debtor.
In order to protect the debtor, the legislator gives him the possibility to defend himself at the various stages of the enforcement procedure within a strictly defined timeframe and for specific reasons. Thus, he can defend himself immediately after the seizure by lodging an opposition, but also after the auction by lodging a special opposition against the award report. In the latter case, he should also lodge an opposition against the enforcement order requiring him to surrender his property and immediately file an application for interim measures in order to "freeze" the enforcement proceedings.
The associates of our company have been dealing with the subject of enforcement and auctions for more than a decade. Having knowledge of every detail of the enforcement procedure and of every recent legislative change and jurisprudential development, they are able to protect the assets of the defendants of the enforcement procedure - debtors, defending their legal rights before the courtrooms.
Moreover, enforcement is a difficult branch of procedural law. Each enforcement act has its own specific characteristics; it has its own conditions and its own legal effects. It is important for the lawyer who will be responsible for defending against enforcement to have the necessary theoretical background and knowledge of both recent and old case law of our courts, on the one hand, and an understanding of the practice of recent years, on the other. Without the former, there will be defects in the enforcement procedure which may invalidate the whole effort; without the latter, the desired result will be less likely to be achieved.
At the same time, our company assists the bidders in the process of participation in the forced auction until the property is awarded to them. In particular, we undertake the following actions:
1. Carrying out an inspection at the competent Land Registry/Planning Office in order to obtain a complete picture of the property's status (e.g. checking the title deeds, checking the claim books and in particular searching for the seizure report to identify any defects in it, floor plans, etc.).
3. Processing and assessment of the success of any appeals lodged.
4. Submit a request to obtain a prosecution order and obtain any lease documents from the tax authorities to assess any commitment of the successful bidder under existing lease agreements.
5. Check pre-auction process for any voids/deficiencies.
6. Assisting with the e-auction process itself.
The right-hand column lists recent court decisions in cases we have handled and relevant articles, which are constantly being enriched.
