Legal procedures for pursuing receivables under enforcement and bankruptcy legislation.
General scope
Enforcement and bankruptcy law covers bringing a receivable into enforcement proceedings, remedies against enforcement acts and stages of compulsory execution. The basis of enforcement, party details and service documents are examined first.
Procedures differ for enforcement with or without a judgment and for routes such as realisation of a pledge or mortgage. A payment order or another record cannot be given legal meaning in isolation without examining the file’s current procedural history.
Main topics
- Enforcement with and without a judgment
- Payment and enforcement orders
- Objections and complaints
- Attachment and sale procedures
- Creditor and debtor procedures
Points for initial assessment
Identify the enforcement route
Check the file type, supporting document and items claimed.
Examine service
Match the certificate of service and address records with the procedural history.
Review the current procedural history
Examine existing decisions and documents rather than relying only on the UYAP summary.
