Grounds for requesting enforcement

A private creditor may request enforcement only on the basis of a receivable established by court order or judgment. A court decision is required also for other enforcement matters, such as eviction. Enforcement of child support payments may be requested also on the basis of an agreement verified by the municipal social welfare board.

A settlement of account and repossession of the object of a sale-by-instalment can be requested from an enforcement authority if the contract has been written on a specific form. The settlement of account establishes the state of the credit between the buyer and the seller and on the return of the object of the sale. The protocol drawn up of the proceedings can be used as grounds for requesting enforcement.

The enforcement request may be filed with the enforcement authority in person, by courier, by post or electronically. The court order or other enforceable instrument must be attached to the request. If the receivable is based on a negotiable promissory note, a bill of exchange or a check, the original instrument must likewise be attached to the request.

A copy of the court decision or other ground for enforcement is to be attached to the enforcement request. When necessary the bailiff can request the applicant to deliver the ground for the enforcement in the original. However, court decisions do not have to be attached to enforcement requests if they have been published online in the Electronic Register of Court Decisions (online customer service for the judicial administration).

In the Enforcement Information System, the pertinent data in the court decision or other ground for enforcement will be recorded in the EIS. If the ground for enforcement is a court decision, that particular ground for enforcement will not need to be physically attached to future enforcement requests. Then in an application, a reference to the information recorded into the EIS will be enough.

In enforcement of taxes and public charges and other charges that can be enforced even without a judgment or court order (directly distrainable income), the document concerning the imposition or the payment of the debt does not need to be enclosed with the enforcement request. However, the document has to be referred to and its details notified in the request. On request of the enforcement authority the creditor is nevertheless obliged to submit the above mentioned document.


 
Published 16.3.2018
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