Stay of Enforcement
Objections to Enforcement and Their Resolution
Prepared by: Constantinople
Enforcement Proceedings and Legal Remedies
If an enforcement order arrives while you are seeking appellate review of an adverse judgment, the court case and enforcement file must be assessed together. Evidence that an appeal was filed may not alone stop every enforcement action. First identify the legal ground on which a stay is sought.
When Is a Stay of Enforcement Considered?
A stay linked to appellate review under Article 36 of the Enforcement and Bankruptcy Law and enforcement defences based on payment, deferment, or limitation are subject to separate rules. The receiving authority, documents, security, and effect of the decision vary accordingly. A decision granted under one route does not automatically apply to every other file.
For example, merely adding an appeal application to the file differs from obtaining a stay order and delivering it to the relevant office. Return of security or payment to the creditor afterwards must also be assessed according to the appellate outcome and the order's scope.
Examine the Remedy and the Stage of the File Together
The type and amount of security, existing attachments, and notification of the order to the enforcement office must be monitored together. It is incorrect to assume that sale or payment has stopped solely because an application was made. Special provisions may also apply to particular judgments such as maintenance orders.
Documents to Prepare for the Initial Review
- The judgment supporting enforcement and the enforcement order
- Appeal or cassation application records
- Security or attached-asset documents
- Decisions granting time and staying enforcement
Legal Grounds and Official Sources
The Enforcement and Bankruptcy Law and relevant special legislation; the official sources below are considered for practice. Specific time limits, jurisdiction, expenses, and procedural requirements must be determined separately by reference to the file's dates.