Which means hearing the debtor in enforcement proceedings


Hearing the debtor in the Code of Civil Procedure

The institution of hearing the parties in enforcement proceedings has been regulated in Art. 827 of the Code of Civil Procedure. Pursuant to the provisions of that article, the debtor and the creditor are heard before the suspension or discontinuation of the enforcement proceedings.

Hearing the debtor and the creditor

The hearing is nothing more than a letter to the creditor and the debtor, in which the bailiff informs the parties that the enforcement proceedings in a given case will be discontinued or suspended. The essence of the hearing is to establish the necessary circumstances to make a decision on this subject. In the letter sent, the enforcement authority justifies why it made such a decision, and indicates what information it was able to obtain through the conducted proceedings.

An example of a reason for discontinuation / suspension of proceedings may be a situation in which the creditor did not indicate the debtor's property from which enforcement may be conducted. The bailiff also gives instructions to the creditor and thus obliges him to indicate the debtor's assets within the prescribed period, under pain of discontinuance of the proceedings. If, in the course of enforcement proceedings, the debtor's property has been seized, which has not turned out to be sufficient to satisfy the enforced receivables, or in a situation where the creditor proves that as a result of the enforcement proceedings he has not obtained full satisfaction of his receivables, the creditor may apply to court with a request to disclose the debtor's assets.

In addition, the creditor may submit an application for transferring the enforcement to the bailiff who is competent for the debtor's place of residence, he may also oblige the bailiff to carry out the enforcement in other ways, e.g. when the execution from remuneration or movables turned out to be ineffective, then the creditor may submit an application for the initiation of enforcement against the real estate.

It should be remembered that the debtor or the creditor is not heard when the enforcement proceedings are discontinued by operation of law or by the will of the creditor.