Enforcement proceedings is one of the most aggressive legal procedures through which a creditor can recover a debt. Bank accounts may be frozen, wages garnished or a home subjected to enforcement rapidly, sometimes before the debtor understands what is happening or what rights they have.
In such situations, recourse to a lawyer specialising in enforcement proceedings is not only recommended but often essential for the protection of assets and the cessation of abuse.
What does enforcement proceedings mean and why it is dangerous for the debtor
Enforcement is the legal procedure through which a creditor recovers a claim compulsorily with the assistance of a bailiff. It can take several forms:
• the garnishment of bank accounts;
• garnishment of salary or pension;
• enforcement against real estate;
• seizure of movable property.
Although it is a law procedure, in practice many enforcement proceedings are started or carried out in violation of the legal rules, which makes them invalidated in court.
When a lawyer in enforcement proceedings is required
A lawyer's intervention becomes necessary as soon as one of the following signs appears:
• you have received a demand for payment;
• Your bank accounts have been blocked;
• your salary is being garnished;
• you have learned of the existence of an enforcement proceedings file;
• your home is subject to enforcement or has been listed for auction.
An enforcement lawyer may quickly examine the legality of the procedure and identify essential errors leading to the suspension or cancellation of the enforcement.
The role of the lawyer specialised in enforcement proceedings
A lawyer with experience in this field:
• verify the jurisdiction of the bailiff;
• analyse the enforceable title (credit agreement, debt assignment, court order);
• identify interest, penalties or amounts calculated unlawfully;
• verify compliance with the deadlines and service of the enforcement measures;
• formulate the best legal strategy to stop enforcement.
In most cases, the central course of action is the challenge to enforcement, a procedure whereby the court can determine the unlawful nature of the enforcement proceedings.
Link between the enforcement lawyer and the challenge to enforcement
Although many debtors initially seek a "enforcement proceedings lawyer," the main legal solution is, in reality, the challenge to enforcement. This is the legal instrument by which you can obtain:
• the cancellation of enforcement proceedings;
• annulment of bank account or wage garnishment;
• suspension of enforcement proceedings;
• annulment of a demand concerning enforcement against real estate;
• recalculation of the debt.
For a full analysis of this procedure, see the detailed article: Challenging enforcement — specialist legal assistance
Suspension of enforcement proceedings - rapid intervention
A major advantage of working with a lawyer is the possibility to request suspension of enforcement proceedings. This may have immediate effects:
• lifting garnishments;
• blocking the real estate auction;
• the protection of the goods until the final resolution of the file.
Suspension is a technical measure, which must be worded correctly and legally justified, which is why the assistance of a lawyer is essential.
Why turn to a specialized lawyer?
Enforcement law is highly technical: a procedural mistake or missed deadline can have serious consequences. A lawyer specialising in enforcement proceedings not only reacts, but anticipates risks and builds an effective defence strategy.
In many cases, the lawyer's timely intervention makes the difference between:
• loss of housing and saving it;
• continuing garnishment and annulment of enforcement;
• an increasing debt and proper recalculation of the amount owed.
Conclusion: enforcement lawyers
The enforcement proceedings should not be treated passively. A lawyer specialising in enforcement proceedings can transform an apparently hopeless situation into a controlled legal endeavor with real chances of success.
The first step is to analyse the file and challenge enforcement, a procedure detailed in the main article, which remains the core of debtors' defence in the face of unlawful enforcement proceedings.
To benefit from specialist advice you can contact us at the phone number 0756590734 or you can fill in the contact form.
