ENFORCEMENT PROCEDURE

The enforcement procedure begins when the creditor submits a motion for enforcement to the court. The court then decides on the creditor’s proposal. If the court agrees to the proposal, it issues a decision on enforcement, which allows the proposed enforcement. The debtor has a legal remedy against the decision on enforcement – an objection against the decision on enforcement.

The district court is competent to authorize enforcement, unless the law provides otherwise. The enforcement procedure in the first instance is led and issued by a single judge. Decisions in the enforcement procedure are issued by the court in the form of a decision or order. An appeal is allowed against the decision issued at the first instance, unless the law provides otherwise. The debtor’s legal remedy against the decision on enforcement, by which the proposal is granted, is an objection. Appeals and objections must be filed within eight days of service of the decision of the court of first instance, unless otherwise provided by law. A timely and permitted appeal is served in response to the opposing party, if it was also served with the decision of the court of first instance against which the appeal was filed. An appeal is allowed against the decision issued on the objection. Complaints and objections do not delay the procedure, unless otherwise provided by law. The decision on the appeal is final. If the court of first instance finds that a timely and permitted appeal is well-founded, it can annul or replace the decision challenged by the appeal with a new decision, if the decision does not decide on the application, which is served on the other party or participant before the decision is issued. The appeal against the decision by which the court of first instance decides the appeal is decided by the higher court.

Several creditors who assert their monetary claims against the same debtor and on the same subject of enforcement shall be paid in the order in which they acquired the right to repayment from this subject, except in cases where the law provides otherwise. In the enforcement procedure, the provisions of the Act on Civil Procedure shall be applied mutatis mutandis, unless otherwise stipulated in the Act.

During the procedure, the creditor may fully or partially withdraw the enforcement proposal without the debtor’s consent. During the procedure, with the debtor’s consent, the creditor can fully or partially withdraw the proposal for enforcement, so that the creditor retains the lien on the subject of enforcement, and the court does not cancel the entry of the decision on enforcement in the land register or court register, or the seizure of movable property that has already been carried out. In case of withdrawal, the court stops the proceedings. The creditor may submit a new enforcement proposal after the withdrawal of the proposal.

The objection must be explained. In the objection, the debtor must state the facts with which it is justified and submit evidence, otherwise the objection is considered unfounded. An objection based on a fact relating to the claim itself, and which occurred after the enforceability of the decision or after the conclusion of the settlement, can be filed by the debtor even after the decision on enforcement has become final, until the end of the enforcement procedure, if he could not enforce it through no fault of his own. objection against the enforcement decision. In such an objection, the debtor is obliged to state all the reasons he can assert at the time of filing. The court rejects a later objection if it is based on reasons that the debtor could assert in the earlier objection.