What you’ll learn

– When and under what conditions an enforcement can be stopped
– How a motion to stop execution works and how to file it
– When insolvency or an agreement with the creditor helps
– What is a stay of enforcement and when to apply for it
– When it’s already too late
– Advice from a lawyer

1. When is it possible to stop enforcement?

The law allows for enforcement to be stopped if:

• the debt has already been paid, but the enforcement continues,

• the enforcement title is invalid or does not exist,

• enforcement is directed at the wrong person,

• illegal actions occurred (e.g. enforcement despite insolvency proceedings).

💡 A motion to stop is submitted to the bailiff, who may either approve it or forward it to the court.

2. Stay of enforcement

A stay of enforcement means temporarily suspending the execution – for example due to:

• a difficult life situation (illness, single parent),

• a pending appeal or legal remedy,

• ongoing negotiations with the creditor.

👉 The stay is not automatic – you must file a formal request, ideally with supporting evidence and a proposed solution (e.g. payment plan).

3. Agreement with the creditor

The creditor may end the enforcement at any time through a private settlement. If you agree on payment (lump sum or installments), they may consent to stopping the process.

⚠️ Always get the agreement in writing, and ideally reviewed or prepared by a lawyer.

4. Insolvency – execution is suspended by law

Filing for insolvency (personal bankruptcy) can stop or interrupt executions. However, this is not a universal solution – the process has strict rules and is not suitable for everyone.

👉 Get legal advice to see if you qualify for debt relief. If so, this could be your legal way out of the execution trap.

5. When is it too late?

Executions typically end with full repayment or liquidation of assets. If your property has already been auctioned or funds transferred, stopping it is very difficult – but even then you can:

• claim any overpayment,

• sue for damages in case of illegal actions,

• request termination of the remaining enforcement if the debt was excessively increased.

⚠️ Case example

Hana found out her car was seized due to her ex-husband’s debt. It was auctioned. She filed a motion to stop the enforcement – and the court later ruled it was unlawful. But it was too late. The new buyer kept the car. Hana lost her vehicle and her chance to fight back.

❗ Most common mistake

“I’ll wait until something arrives in the mail.”

It won’t. Enforcement proceeds even if you don’t act. Every day of delay can cost you thousands, and you lose legal options available early in the process.

🛡️ Lawyer’s recommendations

✔ File your motion to stop as soon as possible, even if unsure
✔ Consider settling with your creditor – one call can help
✔ If you have multiple executions, think about insolvency
✔ Ask for a stay if you’re in a serious personal situation
✔ Don’t delay – the law favors those who act in time