Cancellation and Postponement of Enforcement

If you believe the debt was paid, deferred, or subject to another ground of extinguishment available in enforcement, the appropriate way to submit that allegation must be identified. Cancellation or postponement depends on the file's type and stage. Discussions with the creditor do not automatically conclude the file.

When Are Cancellation and Postponement of Enforcement Considered?

The Enforcement and Bankruptcy Law contains special provisions, depending on the enforcement route, for grounds such as discharge, deferment, and limitation raised after proceedings become final. An application in ordinary attachment proceedings and a stay in judgment enforcement should not be treated as the same procedure. The result sought and the nature of the supporting document must be examined together.

For example, a payment made directly to the creditor may not appear in the enforcement file; where several debts exist, its allocation may be disputed. The scope of a recent deferment document must also be compared with the file's account. Recording the decision and correcting relevant entries if necessary must be monitored separately.

Examine the Remedy and the Stage of the File Together

The debt covered by a payment receipt, persons bound by the deferment agreement, and whether the whole amount is included must be clarified. An instalment arrangement may not automatically lift all attachments. Cancellation, postponement, removal of the file from active processing, and collection outside the file must not be used as though they produce the same result.

Documents to Prepare for the Initial Review

• The enforcement application, payment/enforcement order, and file calculation
• Payment, release, or deferment documents
• Service and delivery records relating to the documents
• Earlier applications and court and enforcement decisions

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