What you will learn in this article:

• When and why a court may stop enforcement proceedings

• Where and how to file a motion

• What to include in the motion and which mistakes to avoid

• What happens after filing

• When it’s better to consult a lawyer

When is it possible to stop enforcement?

Stopping enforcement does not mean the debtor is off the hook – it’s a legal remedy used in cases of error or illegality. Courts may stop enforcement in these cases:

• The debt has been paid

• The enforcement title (e.g. a judgment) was cancelled or does not exist

• The enforcement is against the wrong person

• The case is blocked by a legal barrier – e.g., statute of limitations, or duplicated enforcement

The motion can be filed by the debtor (obligor) or by any third party affected (e.g., a spouse or owner of the seized item).

How to file a motion to stop enforcement

The motion is filed with the bailiff who is conducting the enforcement. The bailiff may either stop the case or forward the motion to the court, which will make a decision.

The motion should include:

• The enforcement case number

• Your identification and legal status (debtor, spouse, owner, etc.)

• The legal reason for stopping the case (e.g., paid debt, title annulled, ownership proof)

• Supporting evidence (e.g., payment confirmation, court ruling, purchase contract)

Errors or missing documents may result in the motion being dismissed – be brief but precise.

Real-life example

One of my clients contacted me after her account was frozen due to her ex-husband’s debt. We found out the property had been divided after their divorce, and the enforcement was a mistake. I helped her prepare a motion to stop the enforcement and within a month the case was terminated. The key document? A notarized property settlement agreement.

Common risks and mistakes

• Unclear or unsupported claims – vague feelings don’t work; proper documents are required.

• Delays – each day may bring more asset seizures, vehicle repossession or bank withdrawals.

• Wrong recipient – the motion must be filed with the bailiff, not the court!

Lawyer’s advice

If you’re unsure whether you have a valid reason or how to write the motion, contact me. A quick consultation or professionally drafted motion can often save your property. I prepare such motions regularly – and the earlier you act, the better your odds.