Practice Areas
Debt Enforcement and Insolvency
Commencing enforcement proceedings to recover debts, actions to set aside objections, and defence work on the debtor side.
Debt recovery depends less on the merits than on conducting the process correctly and quickly. Selecting the right enforcement route, monitoring objection deadlines and managing the attachment stage effectively are what determine the outcome.
On the debtor side, examining the basis and amount of the claim and raising limitation and procedural objections within time are of central importance.
As a matter of general litigation strategy, claims are structured as partial claims under Article 109 of the Code of Civil Procedure so that clients do not forfeit rights, and the right to increase the claim during the examination phase is managed strategically.
Scope of Services
- Commencing and conducting enforcement proceedings with and without judgment
- Enforcement by attachment specific to negotiable instruments
- Actions to set aside and to lift objections
- Negative declaratory and restitution actions
- Monitoring attachment, custody and sale procedures
- Actions to set aside auctions
- Advice on bankruptcy and composition proceedings
Frequently Asked Questions
- What is the deadline to object to a payment order?
- In general enforcement by attachment, the objection period is seven days from service. In proceedings specific to negotiable instruments the period is five days, and as a rule the objection does not automatically stay enforcement.
- What happens if an objection is filed?
- A timely objection stays enforcement in general attachment proceedings. To continue, the creditor must have the objection set aside or lifted through the appropriate action.
The explanations on this page are for general information only and do not constitute legal opinion. Every dispute must be assessed on its own facts.
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