How to ensure the payment of an individual or a legal entity’s debt ? Draï law firm masters the entirety of civil enforcement procedures to implement for the debtor to execute his obligation.
What is an enforcement proceeding ?
Enforcement proceedings or civil enforcement procedures are legal procedures of private law which enable to implement the means allowing the forced compliance to court decisions.
A code of civil enforcement procedures is dedicated to the entirety of procedures since June 1st, 2012.
We make the distinction between precautionary measures and enforcement proceedings.
Precautionary measures and enforcement proceedings
Precautionary measures : they allow to block a debtor from freely disposing of his assets while awaiting a court decision, so that the recovery of his debt by the creditor is not threaten.
The use of this procedure requires that the creditor obtain an authorization from the judge, by being able to justify the existence of a threat on the recovery of his debt. The creditor then has a period of time during which he can act in order to obtain an enforcement order for the debt recorded.
There are different precautionary measures : preventive seizures, sequestration, provisional mortgage, provisional pledging, designation of an administrator.
Enforcement proceedings : they aim at obtaining the forced execution of payment of a debt. These measures mainly include : banking attachments, garnishing wages, seizure for sale of furniture, seizure of transferable securities, vehicle removal, expulsion orders.
The competent judge to order precautionary measures and enforcement proceedings is the enforcement judge (« juge de l’exécution » in France): he is a specialized magistrate in civil enforcement procedures.
The use of a specialized lawyer
Our firm has a solid experience in the field of law related to enforcement proceedings.
We intervene in the implementation of precautionary measures, in order to prevent potential unpaid debts and to secure the recovery of your debts.
The firm is also competent to obtain an enforcement order, which is definitive court decision condemning the debtor to remit us the amount of money they owe you.
Contact Draï law firm
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