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TcherpokovAttorney at Law

Practice 04

Enforcement and debt recovery

Conducting and defending enforcement proceedings — for creditors who want to be paid and for debtors whose rights must be respected.

A judgment is only half the way.

A judgment or a payment order does not pay itself. We conduct and defend enforcement proceedings, including investigating the debtor's assets and imposing and realising interim measures.

For creditors we build the strategy before the case: what assets the debtor has, what can be garnished or attached, and how to preserve it until the end of the dispute.

For debtors we check the lawfulness of the private or state bailiff's actions, exempt assets and the options to stay, reschedule or terminate the case.

What we handle

  • Asset tracing

    Accounts, real estate, vehicles, receivables from third parties and shares in companies.

  • Interim measures

    Garnishments and attachments before or during the case, so assets are not dissipated.

  • Opening and running cases

    Writs of execution, applications for enforcement measures, distribution of proceeds.

  • Complaints against bailiffs

    Challenging unlawful actions and omissions of the bailiff.

  • Debtor defence

    Exempt income and assets, excessive costs, limitation, stays and termination.

  • Claims in enforcement

    Negative declaratory claims, third-party claims and protection of ownership.

  • Public sales

    Participating in the sale, objecting to the valuation and protecting your position at award.

  • Public receivables

    Defence against compulsory collection by the tax authority and municipalities.

How an engagement runs

  1. 01

    Title

    We check the judgment, order or decision — exactly what can be recovered.

  2. 02

    Assets

    We investigate the assets and choose the fastest lawful measure.

  3. 03

    Measures

    We impose or challenge garnishments and attachments in time.

  4. 04

    Result

    We follow the distribution of proceeds and the closing of the case.

Questions and answers

Frequently asked questions

01What is the deadline to complain about a bailiff's action?

One week — from the action if the party was present or summoned, otherwise from the notice. Not every action can be challenged, so the papers should be reviewed immediately.

02Can my entire salary be garnished?

No. The law protects part of salaries and pensions from garnishment, and the amount withheld depends on income and on whether the debtor supports children. Maintenance claims follow special rules.

03What does an attachment on property mean?

An attachment does not take away ownership, but any disposal of the property cannot be relied on against the creditor. It is a protective measure; the property is sold only if enforcement reaches a public sale.

04How do we recover from a counterparty that does not pay?

Usually with a demand, then a payment order or a claim, and where needed interim measures from the outset. The choice depends on the amount, the documents and the debtor's assets.

Consultation

Tell us about your case.

Describe the matter briefly — we will contact you to arrange a meeting. If a deadline is about to expire, call directly.