The content of this page is for information only and does not constitute legal advice. Your situation may require an individual assessment by a lawyer.
A bailiff enforces claims on the basis of an enforcement title — most often a final judgment or payment order with an enforcement clause. The notice of the start of enforcement states who is pursuing the debt and on what basis; it is often accompanied by seizures of salary, a bank account or other rights. The bailiff does not examine whether the debt is justified — they execute the title issued by the court.
7 daysfrom the day the letter is delivered
A complaint against a bailiff's action is filed within one week (7 days) — as a rule from the day the action was taken or you were notified of it (Art. 767 § 4 of the Code of Civil Procedure). If you learn about the judgment or payment order only from the bailiff, talk to a lawyer as soon as possible about other defence measures — separate, equally short deadlines apply there.
Legal basis: art. 767 § 4 KPC
The deadline runs from the day the letter is delivered (received) — the delivery day itself does not count. Verify the delivery date with a lawyer: whether you make the deadline depends on it.
Enforcement will continue: salary deductions, a blocked account, seizure of movables, with enforcement costs added to the debt. If the enforcement title is defective (e.g. the debt was paid or is time-barred), inaction closes the path to defence — the remedies have short deadlines.
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Most often an earlier payment order or judgment was deemed delivered by substitute delivery — e.g. after two collection notices sent to an outdated address. A lawyer can assess whether proper service of the ruling can still be achieved and a defence mounted; time works against you here.
For non-maintenance claims, as a rule half of the salary may be seized, and an amount equal to the minimum wage (for full-time work) is free from deductions. For maintenance claims deductions may reach three fifths of the salary.
The complaint itself does not, as a rule, stop the proceedings, but on request the court may suspend the proceedings or stay the action. Decide which defence measure makes sense in your situation after consulting a lawyer.
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