Default summons and enforcement in practice

Prevention

• Contract initiation, data collection, contract drafting, correct contract conclusion, effective inclusion and drafting of general terms and conditions ( Terms and conditions ).
• (Inter)national research on legal form, economic data, insolvencies and enforcement measures.

Dunning notice

• Correct application for the order for payment and the European order for payment.
• Correspondence and handling of queries from the dunning court.
• Procedural, enforcement and service issues in (inter)national proceedings.

Enforcement order and European order for payment

• Measures and proceedings following (partial) objection, provisional enforcement measures, prohibition of payment, international attachment of accounts.

Enforcement order

• Forms, quality and special features of titles, certainty of titles, court settlement, enforceable deed, enforcement clause.

Seizure

• Prohibition of payment, attachment and transfer order, entanglement, attachment lien, declaration of assignment, power of attorney to receive money, future claims.

Attachment of receivables

• Statement of assets of the debtor, access to wages/salary, social benefits, bank balances, account credit, (fictitious) earned income, tax refund garnishment, exchange garnishment, the P-account.

Attachment in kind

• Objects of attachment of property, partial payment, attachment of pockets, attachment of cash, exchange attachment, instructions to the (summary) bailiff.

Statement of assets

• Inability to pay, submission of supporting documents.
• Optimize enforcement applications.
• Submission of the list of assets and the affidavit.

Further measures of:the debtor:in

• Application for deferral, installment payment settlement, settlement of claims in the event of settlement payment, waiver of claims, statute of limitations.
• Notarized acknowledgement of debt.

Foreclosure on real estate

• Compulsory security mortgage, compulsory taxation, forced administration, partition auction.

Utilization options

Insolvency issues

• Enforcement in consumer insolvency and residual debt discharge proceedings, influence of corporate insolvency on debt collection and enforcement measures.

Cross-border dunning procedures

• European order for payment procedure, cross-border small claims procedure (Small Claims Regulation), enforcement of domestic titles abroad, European attachment of accounts, procedure for the declaration of enforceability, enforcement from European payment orders, cross-border attachment of claims, minimum requirements for default judgments.

Latest news

• Current enforcement law, electronic legal transactions, online research and online enforcement.
• European Account Preservation Order: Initial findings from case law and practice, in particular the debtor's account information.
• New version of the Insolvency Ordinance and current insolvency register.