Grounds for issuance: a writ of execution is issu after consideration of the case on the merits! and a court order is issued in a simplifi manner (without the participation of the parties) upon the application of the collector Differences between and when such a debt is undisputed (i.e. the debtor does not object to it). It is this undisputedness that directly affects what a writ or order should be.
Possibility of appeal:
If the letter was issued on the basis of a default judgment! then cac: what is it and how to calculate the cost of acquisition per customer? first of all! the defendant (debtor) must apply to the court that made such a decision with an application for review of the default judgment. In the absence of default judgment! then the debtor can immediately go to the appellate court.
The order may be revoked by the court that issued it if the debtor files a corresponding application.
BONUS VIDEO: WHAT A CREDIT DEBTOR SHOULD BE AWARE OF IN ENFORCEMENT PROCEEDINGS
Enforcement letter! court order: enforcement procedure! rights and obligations of the parties and the Differences between executor in enforcement proceedings
A writ of execution and a court order are two main types of enforcement documents issued by a court to enforce its decisions. Despite their similarities! they have certain differences that affect the enforcement some other benefits: procedure.
The procedure for executing both types of documents is generally similar and involves the following stages:
Receiving an enforcement document: the collector receives an enforcement document after the court decision (resolution) enters into legal force.
Submission by the collector of an application for compulsory execution of an executive document: submitted to the state (private) enforcement agent together with the original of the executive document.
Opening of enforcement proceedings: the bailiff opens enforcement proceedings and takes measures to enforce the enforcement document! namely! takes measures to collect the debt! which may include the seizure of the debtor’s property! bank accounts! garnishment of wages! etc.
End of enforcement proceedings: after full execution of the court decision! cancellation hindi directory of the enforcement document! return of such document to the collector! court and in other cases (Article 39 of the Law).
