Unlawful execution

If you win a lawsuit, it's tempting to go right after you win the ruling received, force the other party to comply with it. This can be done by levying an execution order or the service of the judgment and threaten to demand periodic penalty payments if the other party does not do what the judgment says. And often they can, because usually a court order is ‘enforceable’. This means that compliance with the judgment can be enforced even if there are still appeal or cassation open to it. But, that is not always wise. Indeed, even the threat of execution may unlawful Be. Trial Lawyer Robert van Ewijk explains how.

Judgment goes down, execution found to be unlawful

Because if the judgment is overturned on appeal or on cassation, then in hindsight the enforcement actions taken are unlawful. Because the judgment on which those actions were based and which gave the authority to execute is then overturned on appeal. The legal basis for the execution is then retroactively missing.

Damages for wrongful execution of judgment

Because the execution was subsequently found to be unlawful, the person who executed must compensate the executor for the damage. And those damages can be substantial. For example, in 2016 the Supreme Court dealt with a case in which the judge first ruled that a villa had to be demolished, but the court came to a different conclusion. The verdict stating that the villa had to be demolished was immediately given by the plaintiff to the convict means. The latter then demolished the villa - under threat of the penalties - but also appealed. The court found in his favor. The Supreme Court determined then that the original plaintiff had improperly served the judgment and had to compensate his opposing party for damages.

Threat of execution may also be unlawful

Moreover, that Supreme Court ruling shows that even the threat of execution can be unlawful. In fact, the plaintiff had merely served the judgment and thereby threatened to demand the penalties. Under that threat, the defendant demolished the villa. And even the threat of execution - if the judgment that was executed later goes under - can be unlawful.

To execute or not to execute? 

Sometimes, however, the creditor has no choice or a very good reason not to wait to enforce a judgment. In such cases, however, it is good to be aware of the risks and limit them as much as possible. When in doubt, contact the in attachment and foreclosure law specialist lawyer From Lexys Lawyers.