The enforcement proceedings seek to satisfy the creditor’s claim against his debtor/debtors through voluntary or enforcement proceedings against the latter.
A subject of enforcement proceedings may be creditor’s rights relating to payment of money debts, execution of a substitute action, execution of a non-substitute action, including inaction. Also included in this category are movable property transmission actions, entry into possession of real estate, executing parental rights, child transmission, etc. Enforcement proceedings are always initiated on the basis of a verdict of judicial or arbitration (judgment or an order) which is enforceable. Prior to opening an enforcement case, the creditor must obtain a writ of execution on the basis of an enforceable judgment, an enforceable court order, an appellate court judgement (which has not yet entered into force, a court judgement under which a pre-performance is admitted or subject to execution, etc.)
Among the services I offer to my clients in the field of executive proceedings are:
Litigation, legal protection and assistance to creditors in enforcement proceedings:
- Initiation of an enforcement case before private or public bailiff
- Litigation and assistance in collecting receivables in the enforcement case
- Securing receivables in the enforcement case (seizure of bank accounts or motor vehicles, foreclosure of real estate, etc.)
- Litigation during the whole enforcement proceedings
Litigation, legal protection and assistance of debtor in enforcement proceedings:
- Defense of the debtor against a writ of execution
- Litigation and assistance to the debtor in enforcement cases before private or public bailiff, including rescheduling of the debt, defense of the inventory of movables, real estate, etc.
- Suspension and termination of enforcement proceeding cases
- Appealing the actions of private or public bailiff