Debt enforcement

Enforcement is the procedure by which a creditor pursues the recovery of a claim on the basis of an enforceable title, under the conditions laid down by the Code of Civil Procedure. It may be carried out under the general law, through a court bailiff, or under tax legislation, through the competent tax authorities, depending on the nature of the claim being pursued, and it may include the garnishment of bank accounts and income, the seizure of movable or immovable assets, as well as other forms of enforcement provided for by law.

Depending on the specific situation, the legal services may include filing the application for enforcement, representing creditors in the enforcement proceedings, filing a challenge against enforcement or an application for a stay of enforcement, and taking other steps specific to the procedure. The legal strategy is established according to the particular features of each case and the objectives pursued.

Enforcement proceedings are subject to procedural conditions and time limits, the observance of which is essential for exercising the rights of both creditors and debtors. Analysing the enforceable title, the enforcement documents and the measures ordered by the court bailiff makes it possible to identify the legal steps that may be taken to protect the rights and interests of the persons involved in the procedure.

Observing the provisions of the Code of Civil Procedure and choosing the appropriate legal steps contribute to the lawful conduct of the enforcement procedure and to the protection of the rights and interests of creditors and debtors. For this reason, each case must be analysed in relation to the existing documents, the procedural time limits and the particular features of the enforcement.