Enforcement of titles and court decisions: how to proceed and protect your rights

The enforcement of titles and court decisions is the legal process by which the performance of an obligation recognized by an enforceable title or a final court decision is guaranteed. This mechanism allows creditors to enforce their rights when the debtor does not voluntarily comply with them. Below, we explore how this process works, the rights of the parties, and the measures available.

What is the enforcement of titles and court decisions?

The enforcement of titles and court decisions makes it possible to demand compliance with the obligations recognized by:

• Court decisions: Decisions that impose a specific obligation, such as the payment of compensation.
• Enforceable titles: Documents that certify an enforceable claim, such as promissory notes, mortgages, or public deeds.

Where the debtor fails to comply voluntarily, the creditor may apply to the court for an enforcement order to ensure compliance with the law, such as seizures or auctions.

Types of Enforcement Titles

1.  Court judgments: Final judgments that recognize a debt or a right.
2. Public deeds: Notarial documents that contain recognized obligations between the parties.
3. Promissory notes and bills of exchange: Promises of payment of an enforceable nature.
4. Recognized private contracts: In some cases, private agreements may become enforceable.
5. Administrative Resolutions: Decisions of public bodies that have not been challenged.

Enforcement procedure

The process varies from country to country, but generally follows these steps:

1. Application for enforcement: The creditor submits an application to the court, attaching the enforceable title or the court decision. The court reviews the validity and applicability of the bill.
2.  Notice to the debtor: The court informs the debtor, giving them the opportunity to voluntarily comply or object.
3. Enforcement measures: In the event of non-compliance with the law by the debtor, the court may order measures such as:
   • Seizure of property: Retention of movable or immovable property.
   • Intervention on bank accounts: Freezing of funds to cover the debt.
   • Payroll deduction: A portion of the debtor’s salary can be used to pay the debt.
   • Public auction: Sale of seized property to settle the debt.
4. Distribution of funds: The funds collected are divided between the creditor and, if applicable, other creditors with rights to the property.

Debtor’s rights

The debtor also has rights during the enforcement process, such as:

• Opposition to enforcement: You can allege compliance with the obligation, errors in the title or irregularities in the procedure.
• Protection of essential assets: In many countries, certain assets, such as the main household or work tools, are protected.
• Proportionality: Measures must be proportionate to debt. Property of disproportionate value may not be seized.

Limitation periods

Obligations recognized by enforceable titles or judgments are subject to limitation periods. These vary between 5 and 15 years depending on the jurisdiction, the type of claim and the country. Once this period has expired, the creditor loses the right to demand enforcement.

 Common enforcement actions

• Seizure of movable property: Vehicles, equipment or furniture may be kept and sold at auction.
• Real estate garnishment: The debtor’s property/assets can be sold to cover the debt.
• Income intervention: Deductions from the debtor’s wages or income.

Prevention of complications during execution

1. Clear documentation: Make sure agreements are detailed and supported by valid documents.
2. Title review: Before starting the process, check the validity of the enforceable title and the limitation period.
3. Pre-negotiation: Explore options to resolve the conflict without resorting to enforcement.

Conclusion

The enforcement of titles and court decisions is an essential mechanism to ensure compliance with obligations. Creditors and debtors need to know their rights and obligations to deal with the process fairly. Acting quickly, keeping clear documentation and obtaining legal advice is essential for effective enforcement that respects the rights of all parties. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.