If the letter was issued on the basis of a default judgment! then 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 Possibility of appeal corresponding application.
BONUS VIDEO: WHAT A CREDIT DEBTOR SHOULD BE AWARE OF IN ENFORCEMENT PROCEEDINGS
Enforcement letter! court order: enforcement is telemarketing dead? procedure! rights and obligations of the parties and the executor in enforcement proceedings
A writ of execution and a court order are two main types of enforcement documents issued by a court to Possibility of appeal enforce its decisions. Despite their similarities! they have certain differences that affect the enforcement 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 online announcement media 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 sault data of the enforcement document! return of such document to the collector! court and in other cases (Article 39 of the Law).
General rights and obligations of the parties
The collector has the right
To obtain an executive document and submit it to the executor for execution.
Monitor the progress of enforcement proceedings and receive information about the execution of the court decision from the bailiff.
Appealing the actions or inaction of the executor.
