Defence of execution creditor
“After I won the case against the debtor, the hardest has already passed in my favour.” Our customers often believe that after they have won a court case against the debtor, they have passed through hardest. Unfortunately, this is not the case. The fact that the court has obliged an individual to undertake some actions, such as to pay an amount to the claimant, does not anyhow mean that the debtor would do this on voluntary basis. The creditor needs to seek the help of an enforcement agent – private or state, to initiate executory proceedings and to be constituted as an execution creditor.
If the debtor fails to fulfil his/her obligation on voluntary basis, executory proceedings – individual enforcement proceedings, should be initiated to this effect. This means that the execution creditor (creditor, before the initiation of the executory proceedings) has the right to request the enforcement agent to initiate executory proceedings and to undertake actions aimed at seizing parts of the debtor’s entire property against the latter’s will. In the course of this dynamic process, the execution means are specified upon execution creditor’s request. It is curial to define the execution means precisely yet in the request for initiation of executory proceedings that would enable the execution creditor (creditor) to achieve the effect and meaning of the individual enforcement, which is characterised with effectiveness, swiftness and immediate satisfaction facilitated by debtor’s surprise.
Our team has huge professional experience in the field of conducting and initiating executory proceedings. Some of the services we offer comprise:
- Preparation of all necessary documents for initiating of claim enforcement proceedings;
- Conducting the executory proceedings from initiation to termination;
- Full legal assistance before private or state enforcement agents until full repayment of the debt under the executory proceedings.
- Consultation and preparation of opinions on all matters related to executory proceedings;
- Applying various means for enforcement against the debtor, and namely: research of the debtor’s property position, imposing injunctions over remuneration, bank accounts, assistance for sending injunctions to other third debtors, imposing attachments to the debtor’s property and other legal means of enforcement;
- Assistance in case of willingness for negotiations between the parties to the executory proceedings for the purposes of achieving voluntary repayment of the debt;
- Appeal of the enforcement agent’s refusal to undertake the respective enforcement action;
- Appeal of the enforcement agent’s refusal to make a new evaluation under the terms and conditions of article 468(4) and article 485 of the Civil Procedure Code;
- Appeal of decree on award;
- Appeal of the suspension, termination and completion of enforcement;
- Procedural representation upon requests, appeals, objections, etc. lodged by the debtor.
Currently, our team conducts more than 500 executory proceedings initiated at private and state enforcement agents countrywide. We have already “completed” a large number of executory proceedings to the satisfaction of our customers.