Enforcement & debt recovery: Protecting your cash flow

Enforcement & Recovery

Enforcement & debt recovery

Protecting your cash flow

In a volatile economic climate, a company's ability to recover its receivables is directly linked to its survival and growth. An uncollected invoice is not just an accounting problem—it's a cash flow blockage. A court judgment (enforceable title) recognizing a debt is an asset that must be leveraged quickly and legally.

TGZ Legal provides efficient and rapid legal solutions for debt recovery, managing the entire enforcement procedure while also defending debtor interests against abusive enforcement actions. Our work is conducted in strict accordance with the Civil Procedure Code.

Debt recovery for creditors Defense against abusive enforcement Accelerated payment order procedure

The creditor's perspective: Efficient debt recovery

The greatest risk for a creditor seeking to recover a debt is passivity. Our experience shows that many creditors permanently lose their right to recover money because they don't act in time.

The time trap: Statute of limitations

  • The general limitation period is 3 years for the right to obtain enforcement
  • The period runs from the invoice due date or from when the judgment became final
  • If you don't start proceedings within 3 years, the right expires
  • The debt becomes a "natural obligation" – it can no longer be forcibly recovered

Act immediately when:

  • You have an unexecuted final court judgment
  • Invoices have exceeded their due date
  • You hold an enforceable title (promissory note, check, mortgage contract)
  • The debtor refuses to pay voluntarily

The enforcement procedure, step by step

Forced recovery is a technical procedure that can only be carried out through a bailiff.

title

Obtaining the enforceable title

First, the document certifying the debt and allowing the commencement of enforcement proceedings must be obtained.

  • Final court judgment
  • Promissory note, check, or mortgage contract
  • Other documents recognized by law as enforceable titles
summons

The Summons

The creditor files the enforcement application, with the assistance of a lawyer, with a competent enforcement officer.

  • Payment deadline typically 15 days
  • Official debtor notification
  • Last chance for voluntary payment
filing

Filing with the bailiff

The creditor files the enforcement application, with the assistance of a lawyer, with a competent enforcement officer.

  • Selecting the bailiff based on debtor's domicile or location of assets
  • Submitting the original enforceable title
  • Paying enforcement fees
approval

Court approval of enforcement

We will assist you and formally notify the debtor by serving an official payment demand, granting a payment deadline.

  • Payment deadline typically a few days
  • Issuance of the approval order
  • Official opening of the enforcement file
enforcement

Actual enforcement

If the debtor doesn't pay, the bailiff begins effective enforcement.

  • Garnishment: blocking bank accounts and amounts from third parties
  • Movable enforcement: seizure and sale of movable assets
  • Immovable enforcement: seizure and sale of real estate
order

Payment order (fast-track procedure)

For certain, liquid, and due receivables – accelerated court procedure.

  • Obtaining an enforceable title in a few weeks
  • Faster alternative to full proceedings that can take years
  • Ideal for uncontested commercial receivables

The creditor's playbook

A clear workflow for efficient debt recovery.

  1. 01

    Assessment and preparation

    Days 1-2

    We analyze the enforceable title, verify limitation periods, and identify debtor assets.

  2. 02

    Summons and deadline

    15 days

    The debtor receives the summons and has 15 days for voluntary payment.

  3. 03

    Filing with bailiff

    Day 3

    We submit the enforcement request and pay necessary fees.

  4. 04

    Court approval

    a few days

    The debtor receives the summons and has a few days for voluntary payment.

  5. 05

    Effective enforcement

    Variable

    If the debtor doesn't pay, the bailiff applies enforcement measures (garnishment, seizure).

The debtor's perspective

Defense against abusive enforcement

Main weapon

Challenge to enforcement

The only legal avenue through which a debtor can defend against enforcement.

  • Separate proceeding filed with the enforcement court
  • Requests annulment of enforcement or enforcement acts
  • Can be accompanied by a suspension request

Payment deadline

a few days from service

The most common and serious mistake a debtor makes is ignoring the summons received.

  • 15-day deadline from service of the summons
  • Missing the deadline = losing the right to challenge enforcement
  • You can no longer invoke limitation or other grounds

Suspension

Suspension of enforcement

Along with the challenge, you can request suspension of enforcement pending resolution.

  • Suspension is not automatic
  • The court typically requires a security deposit
  • Protects assets during the challenge

Title challenge

Defenses on the merits

A specific form of challenge for defenses regarding the substance of the debt.

  • Permitted only if the title is not a court judgment
  • E.g.: "I already paid", "the contract is void"
  • Common in promissory note enforcement

Common grounds for successful challenges

A challenge to enforcement is not merely a delay request. It must be grounded in solid legal arguments.

limitation

Debt limitation

The strongest ground for challenge.

  • The creditor's right to seek enforcement has expired
  • More than 3 years have passed since due date or finalization
  • Ground for annulment of the entire enforcement
title

Lack of valid enforceable title

The document doesn't meet legal requirements.

  • Not an enforceable title under law
  • Missing essential elements
  • Title was obtained fraudulently
irregularities

Serious procedural irregularities

Procedural defects affecting the validity of enforcement.

  • Failure to serve the summons or enforceable title
  • Nullity of enforcement acts
  • Violation of bailiff jurisdiction
clarification

Clarification of title meaning

When the enforceable title is unclear.

  • The exact amount owed is not clear
  • Ambiguities regarding the subject of enforcement
  • Requires interpretation by the court

Frequently asked questions

I have a final court judgment. How long do I have to request enforcement? +

The general limitation period for the right to request enforcement is 3 years. This period runs from the date the judgment became final. If you don't initiate enforcement within this period, you lose the right to forcibly recover the debt.

I received a summons from a bailiff. What should I do? +

Contact a specialized attorney immediately. You have a very short deadline, typically a few days from service, to file a Challenge to Enforcement. Ignoring the summons doesn't stop enforcement; on the contrary, it causes you to lose the only legal avenue of defense.

What is garnishment? +

Garnishment is the most common form of indirect enforcement. The bailiff sends a notice to a third party (called the garnishee), usually the bank where you have your account or your employer, ordering them to block and pay directly to the creditor the amounts owed to you.

Can enforcement be suspended? +

Yes, but not automatically. You can request the court to suspend enforcement, but only within a Challenge to Enforcement. Typically, the court will require payment of a security deposit (a sum of money deposited as guarantee) to grant the suspension.

What is a "challenge to the title"? +

It is a specific form of challenge to enforcement through which the debtor raises defenses regarding the substance of the debt (e.g., "I already paid," "the contract is void"). This is permitted only if the enforceable title is not a court judgment (where these defenses should have been raised in the main proceedings), for example, in the case of enforcing a promissory note.

Protect your cash flow or defend against abusive enforcement

Send us your situation context and within 24h we'll return with an assessment and available options.

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