Enforcement proceedings and debt recovery is our firm’s practice area that covers all the legal mechanisms through which creditors can enforce their rights recognised by enforceable titles or other legal means, in situations where debtors do not voluntarily perform their obligations.

This area of activity covers both the operational phase itself and the stages prior to or alternative to enforcement, aimed at an efficient and legal recovery of debts.

Legal assistance in enforcement proceedings and debt recovery requires a technical and strategic approach, tailored to both the interests of creditors and the protection of debtors’ rights, with the aim of identifying the most effective legal instruments for debt recovery, in accordance with the principles of legality, proportionality and good faith.

The attorney’s intervention involves analysing titles and debts, structuring recovery measures, choosing the appropriate forms of foreclosure, and using the procedural means provided by law to capitalise on or, where appropriate, limit the effects of the enforcement.

Given the intrusive nature and significant financial consequences of enforcement proceedings, specialised legal advice in this area helps to prevent abuse, streamline debt recovery and maintain legal balance between the parties involved.

Enforcement and debt recovery thus become essential legal instruments for the effective realisation of creditors’ rights and for ensuring the functionality of civil and commercial legal relationships.

Activities specific to the practice area of enforcement and debt recovery

1. General legal advice in enforcement

• Providing legal advice on the legal regime governing enforcement and debt recovery;
• Advice on choosing the optimal moment to initiate enforcement proceedings;
• Interpretation of civil procedure rules applicable to the operational phase;
• Issuing legal opinions on the optimal recovery strategy;
• Preparing legal analyses on the effectiveness of different forms of enforcement;
• Ongoing legal assistance for creditors or debtors;
• Legal assistance on preventing the risk of enforcement acts being annulled;
• Analysis of legal and financial risks associated with enforcement proceedings.

2. Enforceable titles and commencement of enforcement proceedings

• Analysis of the enforceability of titles;
• Legal assistance in proceedings for obtaining enforceable titles;
• Analysis of the conditions of enforceability, certainty and liquidity of claims;
• Legal advice on the regularity of the referral to the bailiff;
• Legal assistance in obtaining enforcement approval;
• Drafting and defending enforcement requests;
• Choosing the forms of enforcement appropriate to the nature of the claim;
• Legal assistance in relations with bailiffs.

3. Enforcement in favour of creditors

• Legal assistance in garnishment proceedings and validation of garnishment;
• Legal assistance in seizure of immovable property;
• Legal assistance in seizure of securities;
• Tracking of debts and debtor’s assets;
• Steps to identify the debtor’s periodic income;
• Legal advice on establishing the order of priority among creditors;
• Legal assistance in auction and award procedures for foreclosed assets;
• Realisation of assets subject to enforcement.

4. Defence of debtors in enforcement proceedings

• Legal assistance for debtors in enforcement proceedings;
• Analysis of the legality of enforcement acts;
• Preparation of requests for suspension of enforcement proceedings;
• Legal advice on limiting the effects of enforcement proceedings;
• Assistance in negotiations for rescheduling or postponing the enforcement;
• Advancing appeals and requests for annulment of enforcement actions;
• Legal advice on the protection of unseizable assets;
• Legal assistance in negotiations with creditors.

5. Appeal against the enforcement

• Drafting and defending appeals against enforcement;
• Appeals against enforcement proceedings;
• Appeals regarding the lack of jurisdiction of the enforcement body;
• Appeals regarding the clarification or scope of the enforcement order;
• Filing of appeals concerning enforcement costs;
• Representation in disputes concerning the limitation period for the right to request enforcement;
• Representation in disputes concerning procedural incidents in the enforcement phase;
• Legal assistance in enforcement reversal proceedings.

6. Special enforcement proceedings

• Legal assistance in the enforcement of obligations to do or not to do;
• Enforcement of final court decisions;
• Legal assistance in tax enforcement;
• Legal assistance in proceedings for the distribution of amounts obtained from enforcement;
• Legal assistance in the enforcement of secured claims;
• Legal advice on the enforcement of periodic obligations;
• Legal assistance in eviction and compulsory surrender of property procedures;
• Legal advice on enforcement plurality.

7. Debt recovery

• Legal assistance in the recovery of civil and commercial debts;
• Structuring of pre-enforcement recovery strategies;
• Drafting of notifications, summonses and notices of default;
• Amicable negotiation of debts and payment methods;
• Legal assistance in judicial debt recovery proceedings;
• Correlation of recovery procedures with enforcement and insolvency;
• Legal assistance in relations with third-party debtors or third-party garnishees.