Appeal

The main recourse against enforcement proceedings is by way of appeal. Everyone whose interests are affected by an enforcement measure, such as a distraint or a decision by the enforcement officer or assistant enforcement officer, has standing to appeal. The officer in charge issues appeal instructions. The appeal is to the District Court within a period of three weeks of the measure. The period begins at the date of the measure, such as the compulsatory auction, the issue of the decision, or the date when the person is notified of the same. The appeal must be filed in writing and delivered to the office of the enforcement authority. The authority forwards the appeal to the District Court. The decision of the District Court can be further appealed in the Court of Appeal. The Supreme Court is the court of final appeal.

To a degree, the enforcement officers can himself or herself rectify clearly erroneous enforcement measures or decisions, and to correct typographical or arithmetical errors. Such self-rectification can be undertaken on the request of a party or on the enforcement officer own motion.

Unclear or disputed issues, e.g. on the ownership of an object, the payment of a debt or pledge, may be separated and referred to court proceedings. The proceedings can be initiated by way of an enforcement dispute referral issued by the enforcement officer or the court, or by a party on his or her own motion and without a referral. The general prerequisites are that the plea or claim is supported with some probability and that the enforcement matter has thereby been rendered unclear. The ruling issued in the court proceedings is binding on the enforcement officer.

 
Published 14.1.2020
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