Enforcement Without a Judgment and Ordinary Attachment Proceedings

Even without a court judgment on your claim, enforcement without a judgment may be considered under appropriate conditions. However, being able to commence proceedings does not mean the claim is conclusively proved or will certainly be collected. The debtor's objection and supporting documents may determine the subsequent process.

When Are Enforcement Without a Judgment and Ordinary Attachment Proceedings Considered?

Ordinary attachment is a principal route of enforcement without a judgment for monetary claims and claims for security. Proceedings specific to negotiable instruments and eviction of leased immovable property have special conditions. The enforcement application, payment order, service, objection, and attachment stages should be viewed within the same file chronology.

For example, an invoice claim may involve a dispute over delivery and acceptance; a bank transfer requires explanation of its underlying legal relationship. Pursuing the wrong person or amount solely because a document exists may create further disputes. Earlier actions or enforcement proceedings must also be examined together.

Examine the Remedy and the Stage of the File Together

Time limits and objection consequences in ordinary attachment do not apply unchanged to every special route. Where an objection is made in time, the creditor may seek its removal through a remedy suited to the documents and dispute. Existing payments, interest commencement, limitation, and security should be checked before commencing enforcement.

Documents to Prepare for the Initial Review

• The contract supporting the claim and annexes
• Invoices, delivery records, and payment records
• The interest and balance calculation
• The debtor's identity, address, and any security details

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