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Practice area
Enforcement and insolvency proceedings
The appropriate route for enforcement proceedings (icra) is determined by the basis of the debt and the available documents. Payment orders, objections, attachment and sale are each subject to distinct periods and procedures.
Services provided
- Non-judgment, negotiable-instrument and judgment enforcement proceedings
- Asset investigations, attachment and sale procedures
- Objections to payment orders, complaints to the enforcement court and applications to set aside objections
- Actions to annul objections, negative declaratory actions and restitution claims
- Third-party ownership claims and applications to set aside auctions
- Bankruptcy, concordat and objections to schedules of ranking
Common circumstances
The debtor has not paid my receivable.
The appropriate enforcement route is identified by reviewing the invoice, contract, instrument or court judgment, and the debtor's assets are investigated.
Enforcement proceedings have been brought against me.
The basis of the debt in the payment order is reviewed, and objection, complaint or payment options are considered. The periods for these steps are short.
My property was attached for another person's debt.
Documents showing that the property belongs to you are submitted in support of a third-party ownership claim, and release of the attachment is sought.
Process
How a matter generally progresses
Enforcement proceedings (icra): Creditor
Document review
Invoices, contracts, instruments, court judgments and correspondence are reviewed, and the appropriate enforcement route is identified by reference to the basis of the debt.
Commencing proceedings
An enforcement request is filed with the enforcement office, the required expenses are paid and a payment order is served on the debtor.
Assessing an objection
If the debtor does not object, the proceedings become final. Where an objection stays the proceedings, the available routes for setting aside or annulling the objection are assessed.
Attachment
Once the proceedings are final, the debtor's assets, rights and receivables are investigated and attachment is sought over assets that may be attached.
Sale and recovery
The sale of attached assets or the terms of a payment protocol are pursued, and sums recovered are transferred to the creditor.
These outlines show the general stages only. The competent authority, sequence of steps and available remedies in a particular matter depend on its facts.
Questions
Frequently asked questions
Is a court judgment required for enforcement proceedings?
No. Non-judgment enforcement may be commenced on documents such as invoices or contracts, while cheques and promissory notes may be enforced through the procedure specific to negotiable instruments. A receivable based on a court judgment is pursued by judgment enforcement.
What if the debtor has no attachable assets?
Attachment may be sought again over assets, salary and receivables acquired by the debtor later. Procedural steps are monitored regularly to prevent the file from becoming inactive.
Contact details
You may contact us by telephone, email or WhatsApp.
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