The path available to a creditor to collect a debt without relying on a court judgment is enforcement proceedings without a judgment, regulated under the Enforcement and Bankruptcy Law (EBL).
How Are Enforcement Proceedings Initiated?
The creditor submits a request to initiate enforcement proceedings to the competent enforcement office, together with the document underlying the debt (a contract, invoice, promissory note, etc.). The enforcement office sends the debtor a payment order; the payment order states that the debt must be paid within 7 days, and that if it is not paid or objected to, attachment proceedings will follow.
The Debtor's Right to Object
The debtor may object to the payment order served on them, to the enforcement office, within 7 days of the date of service (EBL Art. 62). If an objection is made, the proceedings are automatically suspended; for the creditor to be able to continue the proceedings, they must apply either to have the objection removed (through the enforcement court) or to have the objection annulled (through a lawsuit before the general courts).
Action for Annulment of Objection
If the creditor believes the debtor's objection is unjustified, they may file an action for annulment of the objection within one year of the objection being served on them (EBL Art. 67). If this action is upheld, the debtor may be ordered to pay, in addition to the principal debt, enforcement-denial compensation (a minimum of 20%) - a sanction intended to deter unjustified objections.
Attachment Proceedings Specific to Negotiable Instruments
If the debt is based on a negotiable instrument such as a check, promissory note, or bill of exchange, a faster special enforcement route (attachment proceedings specific to negotiable instruments) applies; in this route, the debtor's objection period is 5 days and the grounds for objection are limited.
The Attachment Process
If no objection is made, or if any objection is finally removed, the creditor may request attachment of the debtor's assets (bank accounts, movable/immovable property, salary); the attached assets are sold to convert them into cash for the purpose of collecting the debt.
Conclusion
Enforcement proceedings are an effective way to collect a debt quickly, but they are subject to strict formal requirements and short periods (7 days to object, 1 year for annulment of objection). Missing these periods can lead to loss of rights.
You can prepare a source-backed petition for your action for annulment of objection using Lawyer Services' Create Petition tool.