Won the court case, but the debt is not repaid: where to apply for enforcement
Debtors often continue to ignore their obligations even after the court decision has come into legal force or an enforcement inscription has been made by a notary. In such cases, to enforce the decision compulsorily, it is necessary to open enforcement proceedings.
Enforcement proceedings are the final stage of the judicial process and involve a set of actions carried out by the state enforcement service authorities to ensure the actual execution of court decisions and decisions of other authorized bodies, the Ministry of Justice notes.
A state executor can initiate enforcement proceedings based on a prosecutor's application if they represent the interests of a citizen or the state in court, as well as upon the claimant's or their authorized representative's request for compulsory enforcement of the decision.
To open enforcement proceedings, the claimant must first obtain an enforcement document. If it concerns a court decision that has already come into legal force, one should apply to the court with a request for the issuance of an enforcement order or court writ. Usually, one enforcement document is issued per court decision.
After that, it is necessary to prepare an application to open enforcement proceedings. It should include the claimant's and debtor's details, the details of the enforcement document, as well as the content of the claims, including the recovery of funds or the obligation to perform certain actions.
The original enforcement document and, if necessary, other supporting materials must be submitted together with the application. These may include information about the debtor's place of residence or documents confirming partial fulfillment of the decision.
With the prepared package of documents, one must apply to the state enforcement service authority at the place of residence, stay, or work of the individual debtor, at the location of their property, at the place of registration of the legal entity debtor, or the location of its property. If the decision is non-property related, for example concerning eviction, the application should be made at the place of its execution.
If enforcement actions can be carried out by several state enforcement service authorities, the claimant has the right to choose the place to open enforcement proceedings. They can independently decide which authority to apply to for compulsory enforcement of the decision.
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