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Lawyer for Enforcement Proceedings in Croatia

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Pravna pomoć za razvod, bračne ugovore i<br /> imovinske odnose u braku

Lawyer for Enforcement Proceedings in Croatia

Contact Us
Pravna pomoć za razvod, bračne ugovore i imovinske odnose u braku

Providing Expert Legal Assistance for All Types of Enforcement Proceeding

In enforcement proceedings, there are two main types of documents that can serve as the basis for initiating enforcement: credible documents and enforceable documents. Understanding the difference between these two categories is essential for creditors seeking to collect their claims, as well as for debtors who wish to defend themselves against enforcement.

Enforcement Based on Credible Documents

Enforcement based on credible documents is applied when the creditor holds a document that is not a court decision but proves the existence of the debt. Examples of credible documents include invoices, extracts from business books, promissory notes, notarized contracts, etc.

The creditor submits a request for enforcement to the court along with the credible document. If the court approves the request, it issues an enforcement order, which is delivered to the debtor. The debtor then has the right to file an objection against the order within the legal deadline. If an objection is filed, the process turns into a lawsuit. If the debtor does not file an objection, the enforcement is carried out.

Enforcement Based on Enforceable Documents

On the other hand, an enforceable document is an executive document that has legal force and does not require a court decision to initiate enforcement. An enforceable document can be a final court judgment, a court settlement, a notarial deed, or an administrative act with an enforcement clause.

An enforceable document allows the creditor to immediately initiate enforcement proceedings by submitting the document to the court or financial institutions, depending on the type of enforcement (e.g., debt collection through a bank account). In this case, the debtor does not have the option to dispute the debt’s basis because a final decision has already been made in a prior procedure. The enforcement is carried out immediately, without waiting for a lawsuit.

Conclusion

A credible document requires a court procedure for enforcement, during which the debtor can contest the debt. An enforceable document is a final document that allows for the immediate execution of enforcement, without the need for further court proceedings.

Representation in enforcement proceedings

Our legal team offers support in both types of enforcement proceedings, whether you are a creditor seeking to collect a claim or a debtor facing enforcement. We ensure legal protection and guidance throughout the entire process, from filing the request to the completion of the enforcement procedure.

Objections against enforcement decisions

An objection against an enforcement decision is a legal mechanism that allows the debtor to contest the issued enforcement order. This objection must be filed within the legal deadline, typically 8 days from the receipt of the enforcement decision. The objection gives the debtor the opportunity to present their reasons for disputing the enforcement, which may include errors in documentation, miscalculated debt amounts, or claims that the debt does not exist.

Once the objection is submitted, the enforcement process is halted until the court makes a decision on the validity of the objection. During this time, the court may request additional evidence to ensure a fair ruling. If the court finds the objection valid, the enforcement is suspended or adjusted. If the objection is rejected, the enforcement process continues.

Our legal team provides consultation and assistance in drafting objections against enforcement decisions, ensuring that all legal deadlines are met and that your rights are adequately protected.

Wage and pension garnishment

Wage and pension garnishment is carried out when a creditor seeks to collect a debt by seizing part of the debtor’s regular income. This type of enforcement allows the creditor to garnish a portion of the debtor’s wages or pension until the debt is fully repaid. The law regulates the portion of income that can be garnished, ensuring that the debtor retains a minimum amount necessary to cover basic living expenses.

Enforcement on real estate and movable property

Enforcement on real estate and movable property occurs when a creditor seeks to collect a debt by selling the debtor's assets. For real estate, this can include houses, apartments, or land, while enforcement on movable property involves personal items such as vehicles, furniture, or other valuable assets. Once the court approves the enforcement, the property is appraised and sold at a public auction to satisfy the debt.

Enforcement on bank accounts

Enforcement on bank accounts allows the creditor to collect a debt by directly freezing and seizing funds from the debtor’s bank accounts. Once the court issues an enforcement order, the bank freezes the debtors accounts and transfers the necessary funds to the creditor until the debt is fully settled. Enforcement applies to all the debtors accounts, with certain legal exceptions that ensure a minimum amount is left for basic living expenses.

Suspension and termination of enforcement

Suspension and termination of enforcement are possible when the debtor or creditor proves that the conditions for ending the procedure have been met. Suspension of enforcement can be requested when the debtor settles the debt or when the court determines that legal irregularities have occurred. Termination of enforcement means the final cessation of the procedure and can occur through a court decision or an agreement between the parties. We assist you in filing requests for suspension, analyze the legal basis for terminating the enforcement, and represent your interests in court. Our goal is to protect your rights and help you exit the enforcement process in the most efficient way possible.

Enforcement of court decisions

The enforcement of court decisions refers to the execution of final judgments issued by a court, including debt collection, property-related rulings, child custody decisions, or labor disputes. Our legal team supports creditors in the enforcement process, ensuring that the debtor fulfills their legal obligations. We assist you at every stage of the process, from filing requests to the execution of the judgment.

Protection of assets in enforcement proceedings

Protection of assets in enforcement proceedings refers to legal measures that a debtor can take to safeguard their property during the enforcement process. Our legal team advises and represents clients in enforcement proceedings to ensure that the enforcement is carried out in accordance
with the law and that your essential assets are protected. We help protect real estate, movable property, and financial assets, focusing on the legal restrictions and exemptions that secure your basic living needs.