Service and execution of a judgment

If the judge has rendered a judgment, it does not mean that this completes the case. The other party still has to comply with the judgment. For example, pay a sum of money or purchase real estate. If the other party does not do so voluntarily, the judgment - as it is called - must be enforced. This is also called the execution of the judgment. Before this happens, the judgment must first be served by the bailiff. The bailiff then delivers the verdict to the convicted person, and orders them to comply with the sentence.

Execution of judgment

Once the judgment is served, the order must be complied with within a certain period of time. This is the execution (or enforcement) of the judgment. If the other party does not cooperate within the given time period, the executor - with the help of a bailiff - may foreclosure lay on the other party's goods known to him. This may be a bank garnishment through which the balance is eventually paid to the garnishee, or it may involve a public sale of the other party's property, after which the executor satisfies his claim from the proceeds.

Execution of a judgment declared provisionally enforceable

Is a verdict enforceable declared, then it may be enforced immediately. The suspensive effect of appeal or cassation does not then apply. Thus, the prevailing party can proceed to execute the judgment immediately after the verdict. The convicted party can still try to get into summary proceedings the suspension of execution claim, but that does not succeed easily. But, if the judgment is overturned on appeal, then all enforcement actions are retroactively unlawful against the executor. You have to be keen on that as an executor.

Lawyer in execution and enforcement of judgment

The attorneys at Lexys Lawyers are specialists in the field of execution and enforcement of judgments. They have years of experience in this field. Not only by acting for the executor, but also by successfully acting for the executed, where seizure and execution have been avoided.