Non-Working Periods and Postponement

The effects of night-time, public holidays, serious illness, or death on enforcement vary by file. Assuming that no action is possible during a holiday or that illness stops every time limit is unsafe. The action concerned and the documented special circumstances must be identified.

When Are Non-Working Periods and Postponement Considered?

The Enforcement and Bankruptcy Law regulates non-working periods and postponement linked to certain personal circumstances of the debtor. The actions postponed, applicable exceptions, and effects on expiry of periods require separate assessment. Attachment, protective custody, and service must not be assumed to follow the same rule.

For example, an allegation of the debtor's serious illness and the creditor being on holiday are different legal situations. For postponement involving a relative's death or inheritance, the deceased person's identity, enforcement party, and representation arrangements must be reviewed together. The action sought to be delayed must be identified clearly, with separate consideration of any urgent application.

Examine the Remedy and the Stage of the File Together

It must not be assumed that the enforcement office knows the postponement ground or has automatically recorded it. The scope of health and representation documents, relevant dates, and any necessary application matter. Assuming that judicial recess stops every enforcement period may also cause loss of rights; the special enforcement-law provisions must be examined.

Documents to Prepare for the Initial Review

• The enforcement action and planned date
• Documents showing death or illness
• Party and representation information
• Service and earlier application records

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