📌 What is enforcement and how does it begin?

Enforcement (exekuce) is the forced recovery of a debt based on a legally enforceable decision – such as a court judgment, payment order, or notarial deed with a consent to enforcement.

It doesn’t start automatically. The creditor must file an enforcement proposal and submit the enforceable title. Then, the court authorizes a licensed bailiff.

The bailiff sends the debtor:

• A notice to comply voluntarily

• An official commencement of enforcement

• Enforcement orders (e.g., seizure of bank account or wage garnishment)

🪜 Stages of enforcement

1. Commencement – bailiff is authorized, debtor is informed

2. Voluntary compliance – debtor has 15 days to pay

3. Enforcement measures – if the debtor does not pay, the bailiff may:

   • Seize bank accounts

   • Garnish wages or pension

   • Seize movable property

   • Attach real estate

4. Sale of assets – property may be auctioned if necessary

💰 What can the bailiff seize?

• Bank accounts – except for the protected minimum

• Salary or pension – with part of the income protected

• Movable assets – such as vehicles, electronics, valuables

• Real estate – houses, apartments, land

❗ What is protected from seizure?

• Essential items (e.g. clothing, refrigerator, bed)

• Property belonging to others – but ownership must be proven

• Anything beyond the bailiff’s legal authority

⏳ How long does enforcement last?

It varies. Sometimes it’s resolved in months, sometimes it takes years. It depends on the debt amount, the debtor’s assets, and their cooperation. Enforcement may end through:

• Full repayment of the debt and costs

• Termination by the court or bailiff (e.g. for lack of assets)

• Insolvency or debt relief proceedings

🧩 Mistaken enforcement – what if it’s not your debt?

It happens. Bailiffs may seize property in a shared household that doesn’t belong to the debtor – for example, a partner’s or parent’s belongings. You can file an exclusion claim to prove ownership and have the items released.

💡 Lawyer’s recommendation

Enforcement is stressful, but it’s not the end of the world. Doing nothing is the worst mistake. If you react early, there may still be a chance to set up a payment plan, prevent asset sales, or challenge illegal actions. I’ve helped many people get out of seemingly hopeless enforcement situations.