Complaint Against an Enforcement Action

Where the enforcement office refuses your request, miscalculates the account, or fails to perform a necessary action, first identify the action to be reviewed. A complaint against an enforcement action is a remedy specific to enforcement law. Not every allegation concerning the existence of the debt is examined in the same application.

When Is a Complaint Against an Enforcement Action Considered?

Articles 16 et seq. of the Enforcement and Bankruptcy Law allow the enforcement court to review actions alleged not to comply with law or the circumstances. Complaints subject to a time limit differ from allegations that a right was not exercised or an action was unjustifiably delayed. The action's nature, knowledge, and service records must be read together.

For example, refusal of a sale request and objection to the debt in a payment order are different actions. Applying to the wrong authority or assuming one application affects other deadlines may narrow the options. If an action was never taken, the record showing when the request reached the office matters.

Examine the Remedy and the Stage of the File Together

Merely stating that the file is unfair does not provide an adequate examination plan. The decision to be set aside or corrected, or action to be performed, must be specified. Filing a complaint does not invariably stop enforcement automatically; where the file's stage requires it, a stay request must be assessed separately.

Documents to Prepare for the Initial Review

• A complete copy of the enforcement directorate decision challenged
• The relevant request and delivery record
• A record showing the service or knowledge date
• Payment, calculation, or ownership documents supporting the application

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