Penalty payments

A penalty is a tool used to force someone to do something or stop doing something. A penalty, in the form of a financial incentive, puts additional pressure on the person who is in a civil lawsuit sentenced to something. In practice, penalties are common. In very many subpoenas they are claimed. But oddly enough, many lawyers forget to defend against them because too much attention is focused on the substance of the case.

What is a penalty?

In civil law, periodic penalty payments are used to exert pressure so that a decision made by the court sentencing is actually fulfilled. A penalty cannot be imposed if the sentence involves the payment of a sum of money. However, a penalty can be imposed if, for example, the condemned person must deliver real estate from the court, if he must stop causing noise pollution. The judge determines the amount of the penalty and when it is due, but the plaintiff's lawyer makes a proposal for it in the summons in the form of a claim.

Forfeiture of periodic penalty payments

The court determines in the judgment when a penalty is due. A periodic penalty is forfeited when a set unit of time elapses without enforcement of the main judgment or when a violation occurs. A periodic penalty may be forfeited multiple times until the maximum amount set by the court is reached. However, the penalty payment cannot be forfeited before service of the judgment. If the maximum amount has been reached and the convicted person has still not complied with the principal sentence, the court may be asked to increase the maximum amount.

How is a penalty collected?

If a penalty is forfeited, it accrues in full to the ‘winning’ party. If the penalty is not paid, the judgment awarding the penalty can, executed become. This means that, in the event that the condemned person fails to pay the penalty, the plaintiff, pursuant to the judgment batter can impose on a bank account or certain property. The judgment serves as the title to the garnishment - this way the plaintiff can easily collect a penalty payment.

Particulars of periodic penalty payments

In case the convicted person considers that he cannot comply with the main sentence, he can ask the court to lift the penalty. Another special feature is the penalty in bankruptcy. A penalty payment cannot be forfeited during the bankruptcy of the condemned person. If penalty payments were forfeited before the declaration of bankruptcy, they are not added to the claims of the estate. Furthermore, a penalty may also be forfeited for the first time in appeal be claimed. It is important to note, however, that if a judgment is overturned on appeal, but penalties have already been forfeited and paid pursuant to it, there is an undue payment. However, if penalties in summary proceedings awarded and no appeal is lodged against it, but instead proceedings on the merits are instituted, then the penalties forfeited under the summary judgment remain due. Even if the person sentenced in summary proceedings is proven right in the proceedings on the merits.

Lawyer litigation law for penalty payments

If penalty payments have been imposed on you and you think they are unjustified, or if you want to start claiming penalty payments and want to be sure that you can, please take contact with the litigation attorney at Lexys Lawyers. They can tell you more about penalties and when they are or are not due.