Collecting through the right enforcement track
The creditor's most consequential choice is which enforcement track to use. Judgment-based, ordinary, commercial-paper-specific or pledge-realisation tracks each have different timelines, bases and consequences on objection.
Choosing the wrong track wastes time and fees and may even speed up time-bar of the claim. Our office runs a complete pre-filing analysis and shares a cost-benefit view with the creditor.
Debtor's rights — objection and third-party claims
You can stop an enforcement initiated against you by objecting to the enforcement office within seven days. The objection-annulment and negative-declaratory cases are the two principal tools available to the debtor.
When the bailiff seizes property at home that belongs to a third party, a timely third-party claim must be raised. Distress notices are stressful, but a single correct objection can change the direction of the file.
Annulment of fraudulent transfers, bankruptcy and concordatum
Transactions made by the debtor to evade creditors can be annulled. Through a "fraudulent-transfer annulment" suit, the creditor can pursue the asset in the third party's hands.
For companies, the concordatum mechanism (rather than postponement of bankruptcy) restructures financially distressed businesses. Because of the layers involved, accountants and lawyers work jointly on these files.