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As debtor in enforcement

Once a receivable enters enforcement proceedings, the enforcement authority usually sends a notification to the debtor, indicating the debt that is to be collected and informing the debtor of the contact details of the enforcement officer in charge of the matter. The notification may contain also an exhortation to contact the officer in charge and an advance notice of a forthcoming garnishment or distraint measure.

In addition to the notification, also a collection letter is normally sent to the debtor. The objective is that the debtor repay the debt voluntarily.

If the debtor cannot repay the debt, he or she must contact the enforcement officer in charge of the matter. If the debtor fails to take contact, all enforcement decisions will be made on the basis of the information otherwise available to the enforcement authority.

In order to secure access to information, the enforcement authority can exercise certain powers of compulsion (coercive enforcement).

In order to achieve voluntary repayment of the debt, the enforcement officer and the debtor may set up a payment schedule. The preconditions for a schedule will be assessed on a case-by-case basis.

If the debtor is unable to make voluntary payments, it will be necessary to garnish his or her wages or to distrain assets.

 
Published 2.3.2014
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