The deadline for challenging enforcement is crucial when someone receives enforcement documents, a demand for payment, a garnishment notice or an order fixing costs, or discovers that their accounts have been frozen. In many cases, the person subject to enforcement has only a short time to act, and missing that deadline may lead to the challenge being dismissed as out of time.
Therefore, in enforcement proceedings it is not enough to check only whether the debt is real. It needs to be checked quickly when you have received the documents, what act you want to challenge, when you have become aware of the enforcement and whether there are reasons that can be invoked within or even separately, depending on the nature of the problem.
This article explains, in a practical way, what is the usual term for the challenge to enforcement, when it starts to flow, what particular situations can exist and what mistakes must be avoided.
What is the challenge to enforcement?
A challenge to enforcement is the procedural remedy through which an interested person may ask the court to review the legality of enforcement, individual enforcement measures or the bailiff’s conduct.
Depending on the circumstances, the challenge may concern enforcement itself, individual measures, bailiff’s orders, calculation of the debt, enforcement costs, garnishment, enforcement against property or other measures in the enforcement case.
The appeal is not simply an administrative request to the bailiff. It shall be formulated before the competent court and must be drawn up in accordance with the procedural requirements applicable to requests for legal proceedings.
The usual deadline: 15 days
In most cases, the deadline for the appeal is 15 days. This term is essential because many appeals are lost not because the grounds would be unfounded, but because they were formulated too late.
The 15 days may start to run differently depending on the contested act and how the debtor learned about the enforcement. Therefore, each case must be analysed by reference to the acts received and at the time of their communication.
When does the 15-day period start?
In practice, the deadline may run from:
• the date of communication of the act of enforcement which you wish to challenge;
• the date on which you became aware of the enforcement measure, if it has not been properly communicated to you;
• the date the bailiff’s order is served, where that order is being challenged;
• the date of the first deduction, where recurring income is garnished;
• the date the demand for payment or order authorising enforcement is received, depending on the subject of the challenge.
This difference is very important. For example, someone may discover the enforcement when their account is frozen, when the bank notifies them or when a deduction is made from their salary. In such situations, it is necessary to determine exactly when the court will consider that the time limit has begun to run.
What if the deadline is exceeded?
If the legal deadline is exceeded, the appeal may be rejected as late. In that case, the court no longer has to examine in substance all the pleas put forward. Basically, even if there are irregularities in the enforcement, the delay can block their discussion.
However, not all problems are treated identically. Some aspects may have a different procedural regime, such as clarifying the scope or application of the enforceable title, invoking special circumstances or problems arising subsequently. Therefore, even if more than 15 days have passed, a legal analysis is useful before concluding that nothing can be done.
The deadline for challenging garnishment
Garnishment can raise practical difficulties in calculating the deadline. Sometimes the debtor does not immediately receive all the enforcement acts, but notes that his accounts have been blocked or that the employer has started to retain part of his salary.
Where recurring income is garnished, the debtor’s deadline may be calculated by reference to the first deduction. For this reason, it is important to keep evidence of the date on which the first deduction was made, the statement of account, the notification from the bank or the information received from the employer.
If you face garnishment, check not only the deadline but also the amount claimed, whether enforcement is time-barred, whether documents were lawfully served and whether the limits on deductions from income were respected.
Are there situations where it can be challenged even after 15 days?
There are situations where certain aspects may be invoked in other time limits or may be analysed differently depending on the subject matter of the application. For example, an appeal to clarify the meaning, extent or application of the enforceable title may have a distinct regime within the limitation period of the right to obtain enforcement.
Successive enforcement measures may also exist. A new enforcement act may open its own appeal period for that act, even if the time limit for an earlier act has expired. However, this does not mean that the entire enforcement can be contested at any time. It is necessary to determine exactly what act is contested and what grounds can be relied upon.
Common mistakes in the calculation of the deadline
The most common mistakes are:
• waiting too long after receipt of the order;
• confusion between the date of issue of the act and the date of communication thereof;
• the assumption that the deadline runs only from the moment you actually read the document;
• ignoring the first deduction in a garnishment case;
• Submission of an application to the bailiff instead of an appeal to the court;
• lodging a challenge without also requesting a stay where enforcement is causing serious consequences;
• the generic challenge of enforcement, without any indication of concrete acts or reasons;
• failing to retain evidence of service or of the date of the first deduction.
What documents need to be checked for the deadline?
In order to correctly calculate the deadline, the following documents are useful:
• the envelope or proof of service of enforcement documents;
• the demand for payment;
• the order authorising enforcement;
• the garnishment notice;
• the account statement showing the first deduction;
• information from the employer concerning garnishment;
• the order determining enforcement costs;
• the enforceable title;
• any correspondence with the bailiff, bank or creditor.
Appeals and suspension of enforcement
The challenge to enforcement shall not automatically stop the enforcement proceedings. If enforcement continues and has serious effects, an application for suspension of enforcement may be required.
The suspension of enforcement may be requested with the appeal or separately, depending on the situation. The court will consider whether there are substantial grounds and, as a rule, the requirement to lodge security. This application matters where garnishment, the sale of an asset or another enforcement measure may cause harm that is difficult to remedy.
What can the lawyer do before the appeal is lodged?
Before filing, a lawyer can examine the enforcement documents, applicable deadline, grounds of unlawfulness, limitation issues, amount claimed, enforcement costs and the possibility of requesting a stay.
An effective appeal is not limited to the claim that enforcement is unfair. It must identify the challenged measures, factual and legal grounds, evidence and relief sought from the court.
Frequently asked questions about the deadline of the challenge to enforcement
The term is always 15 days?
In most cases, yes, but there are special situations in which the subject matter of the appeal and the nature of the contested act must be examined. Therefore, the deadline should not be treated mechanically.
If I didn't get the papers, is the deadline still running?
It depends on how you became aware of the enforcement and the existing acts in the file. The lack of communication may be relevant, but it must be proven and analysed in practice.
Can I just contest the enforcement expenses?
Yes, in certain cases, enforcement costs may also be challenged, if unjustified, disproportionate or established in breach of the law.
Can I appeal if I've already paid part of the debt?
Yes, partial payment may be relevant for the calculation of the debit and for the verification of the amount sought. The proof of payment must be presented.
What if I file the appeal, but I don't ask for suspension?
enforcement may continue until the appeal is resolved, unless the court orders suspension. Therefore, in urgent cases, the suspension should be considered separately.
Conclusion
The deadline for the challenge to enforcement is a decisive element. In many cases, you have 15 days to react, and miscalculation of the deadline can compromise the entire defence. If you have received enforcement documents, your account has been garnished or you have learned of enforcement proceedings, promptly check the documents and establish whether you can challenge enforcement and request a stay.
A timely analysis may identify limitation, communication errors, miscalculated amounts, irregular acts or disproportionate enforcement costs. In enforcement proceedings, time counts.
Have you received a demand for payment, garnishment notice or other enforcement documents? Send the documents for a legal analysis and find out if you are still in time to challenge the enforcement or suspend the enforcement proceedings.
