Overview
Enforcement and bankruptcy law governs the collection of debts through the State’s enforcement offices when a debtor does not pay voluntarily. Debts may be enforced on the basis of a court judgment, without a judgment, or on negotiable instruments such as cheques and promissory notes, under the Enforcement and Bankruptcy Law No. 2004.
Many steps are subject to periods of only a few days. Choosing the wrong procedure or missing a deadline can directly affect the outcome, whether you are the creditor or the debtor.
What we handle
Enforcement without a judgment
General attachment proceedings for monetary claims; the debtor may object to the debt, signature or jurisdiction, which stops the proceedings until the objection is removed or annulled.
Enforcement of judgments
Enforcing court decisions and documents with the force of a judgment — payment, delivery of property or performance.
Cheques and promissory notes
Special proceedings for negotiable instruments, with shorter objection periods.
Objections and complaints
Objections to payment orders and complaints against unlawful acts of the enforcement office.
Attachment and sale
Attachment of bank accounts, salaries, vehicles, real estate and company shares; valuation, auction and distribution; annulment of auctions.
Bankruptcy
Bankruptcy proceedings and actions, filing claims with the estate and disputes over the ranking table.
How the process works
Basis and procedure
The document underlying the claim is examined and the correct procedure chosen — or the objection period calculated.
Proceedings or objection
Proceedings started, or a timely objection filed.
Attachment
Asset searches and attachments; precautionary attachment where justified.
Lawsuits and sale
Related lawsuits, sale and distribution.
Before your meeting
Bring originals or legible copies of whichever of the following you have. You don’t need everything — missing items are identified together.
- Payment order, file number and envelope
- Contract, cheque, note, invoice or judgment
- Payment receipts and statements
- Correspondence between the parties
- Attachment reports
Key deadlines
| Matter | Period | Starts from |
|---|---|---|
| Objection to a payment order (no judgment) | 7 days | Service of the payment order |
| Objection in proceedings on negotiable instruments | 5 days | Service of the payment order |
| Complaint against an enforcement office act | 7 days | Learning of the act |
| Action for annulment of objection | 1 year | Notification of the objection to the creditor |
| Action to recover undue payment | 1 year | Date of payment |
These are general rules; special provisions or a different starting date may apply in a particular case. It is best to have the deadline assessed on the day you receive a notification.
Frequently asked questions
How do I object to a payment order?
File the objection with the enforcement office within 7 days of service (5 days for cheques and notes), stating clearly whether you object to the debt, the signature or jurisdiction. Otherwise the proceedings become final and attachment may follow.
How much of my salary can be attached?
As a rule no more than one quarter, except for maintenance debts. Certain assets, such as essential household items, are exempt from attachment.
Proceedings were started although I owe nothing. What can I do?
Object in time. If the proceedings have become final, a negative declaratory action may be filed; if you paid under threat of enforcement, you can sue to recover the payment within one year.
The information on this page is general and does not constitute legal advice, a guarantee of outcome or an undertaking in respect of any specific matter. Periods and amounts are subject to change by legislation.
