At Vatev & Partners Law Firm we have a team of trained and highly qualified specialists in the field of enforcement process that can provide you with effective legal assistance and support to the debtor in the enforcement proceedings.

Our many years of experience and in-depth knowledge in the field of enforcement, accumulated over the years, allow us to provide comprehensive legal protection when an enforcement case is initiated against you and enforcement actions are taken, including garnishment of wages or bank accounts, foreclosure of a home, taking inventory and valuation of movables or real estate, scheduling and conducting a sale, etc.

Enforcement proceedings are initiated in the event of suspension of payments under credit agreements with banks and non-bank financial institutions, non-payment of maintenance, non-payment of compensation awarded for damages suffered, enforcement of the obligation to surrender a child, etc.

Prior to initiating enforcement proceedings against the debtor, the creditor must have conducted court proceedings under the general action procedure or under the writ of execution procedure and a writ of execution issued in his favour. The initiation of enforcement proceedings shall be based on an application by the creditor accompanied by a writ of execution and/or an enforcement order.

It is imperative that you seek a lawyer experienced in enforcement proceedings when you receive a notice of voluntary enforcement, as crucial appeal periods start to run from the date of service of this document.

In enforcement proceedings, the debtor has a number of rights and possibilities - to provide opinions, to appeal against unlawful actions of the bailiff before the competent court, to receive information on the development of the enforcement proceedings, to inspect the documents and receive copies of them, to lodge complaints for disciplinary offences of the bailiff, to conclude agreements for deferred payment, etc.

It is essential to know that the procedure provided for the appeal of the bailiff's actions does not allow the invocation of the lack of material prerequisites for the enforcement and the defects of the enforcement ground. In other words, in the proceedings for an appeal against the bailiff's action, the debtor may plead only procedural irregularities in the conduct of the enforcement, but not the existence of the obligation itself. The question of the absence or existence of the substantive conditions for the legality of the enforcement procedure must be determined in the proceedings before the court, since it is a dispute of civil law.