Enforcement Proceedings Attorney (Bosnia and Herzegovina) – Engagement of Our Law Firm
Enforcement proceedings are a special court process by which creditors (those owed money) can forcibly collect from debtors when voluntary fulfilment of the obligation is absent. In practice, this means that if you have a final and enforceable court judgment or other enforceable title and a debtor does not pay the debt, the court in enforcement proceedings can order various compulsory collection measures – such as blocking bank accounts, seizing part of the debtor’s salary or seizing the debtor’s property – to ensure collection/payment. Such proceedings are often the last option for debt collection, but can be very effective when all other options have been exhausted.
A lawyer for enforcement proceedings specializing in this area of law can help you go through these complex steps quickly and correctly, fully realizing your rights. The Law Office Prnjavorac provides professional assistance in these situations, and at the level of the entire country of Bosnia and Herzegovina – we can represent you no matter in which part of Bosnia and Herzegovina your case is located, whether in Sarajevo, Tuzla, Mostar or Banja Luka.
What is an enforcement proceeding?
An enforcement proceeding is legally regulated procedure for the compulsory collection of claims based on an enforceable instrument. Simply put, it is a process in which a court allows a creditor to collect its claim from the debtor when the debtor does not voluntarily fulfil their obligation. An enforceable instrument is typically a final and enforceable court decision (judgment or ruling), a court settlement, a notarial deed or other document that has the force of an enforceable title. On the basis of such a document, the creditor (the enforcement claimant) files a motion for enforcement/execution to the competent court, thereby formally initiating enforcement proceedings.
Once the court receives an execution motion, it issues a writ of execution (an enforcement order) specifying the object and means of the execution. This order is delivered to the debtor (the executant), which/who is given a short legal deadline to voluntarily fulfil the obligation. In Bosnia and Herzegovina, this deadline is approximately 8 days from the receipt of the order (decision/writ). If the debtor still does not pay the debt, enforcement compulsory measures are taken.
It is important to emphasize that the enforcement procedure is not a new litigation against the debtor, but rather a continuation of the previous process – a way to achieve with the help of the court what has already been due to you according to the decision you have.
Why retain an enforcement proceedings attorney?
Hiring an experienced lawyer in enforcement proceedings can be crucial for successful and rapid collection. Here are the key advantages that an enforcement proceedings lawyer brings:
- Professional handling of the proceedings: An attorney with experience in enforcement proceedings is familiar with all relevant regulations and procedures. He will properly draft a proposal (motion) for enforcement (including the principal amount of the debt, interest and costs) and submit it to the competent court without errors that could delay the proceedings.
- Efficiency and speed: A lawyer will help you avoid procedural delays and advise on which enforcement method is most effective in your case. For example, if he knows that the debtor has regular income, he will suggest wage garnishment or account freezing instead of a lengthy process of selling the property/assets.
- Protection of your rights: During the procedure, objections, appeals or other obstructions may arise from the debtor. An attorney shall respond promptly to any objection or appeal from the debtor, prevent unjustified delays and ensure that the principal debt is collected, as well as any default interest and all associated costs.
- Reduces stress for the creditor: The debt collection process can be stressful, but a lawyer takes over the communication with the court, monitors all deadlines and keeps you informed of every step. This way, you are free from worries and can be sure that an expert is managing the process.
In short, with the help of a lawyer, you increase the likelihood that your claim will be collected in full and in the shortest possible time, while strictly following the legal procedure.
How does the enforcement process work? (Key steps)
Below are the main stages of a typical enforcement procedure in Bosnia and Herzegovina:
- Possession of an enforceable instrument/document: You must have an enforceable title – e.g. a final and enforceable court judgment, a court order, a notarial deed in the form of an enforceable document or another instrument confirming that someone owes you a certain amount. Without an enforceable document, enforcement proceedings cannot be initiated.
- Filing a motion for enforcement/execution: The creditor or their attorney files a written motion with the competent court. It states information about the creditor and the debtor, the basis of the debt (executive document), the amount of the claim, and proposed collection measures (e.g., wage garnishment, account freeze, sale of property).
- Court issues an enforcement order (a writ of execution): The court considers the proposal and, if the conditions are met, issues a decision approving execution and determining specific measures. This decision is served on both parties; the debtor is simultaneously ordered to pay the debt within the legal deadline if they wish to avoid coercion / compulsory measures.
- Compulsory measures (enforcement measures): If the debtor fails to pay within the set deadline (usually up to 8 days), enforcement measures are initiated. Court enforcement officers then enforce the collection through the means specified in the decision – they can freeze the debtor's accounts, seize part of their wage/salary, list and seize movable assets, or mortgage real estate and organize its sale at a public auction.
- Debt collection and termination of proceedings: The funds received are directed to the creditor after deduction of the costs of the proceedings. When the claim is settled (or it is determined that nothing can be collected at the moment), the court concludes the enforcement proceedings. If the debt is not fully collected, the proceedings can be renewed later if the debtor acquires new assets.
Each case may have certain specifics, but these are the basic steps. Your lawyer will adapt the procedure to the circumstances of the specific case and ensure that everything proceeds in compliance with the law.
Professional support throughout Bosnia and Herzegovina
Prnjavorac Law Firm has many years of experience in conducting enforcement proceedings and represents clients throughout Bosnia and Herzegovina territory. Regardless of whether you need to initiate the enforcement of a judgment in the Federation of Bosnia and Herzegovina, the Republika Srpska or the Brčko District, our team is ready to help you. We represent you before courts and competent authorities throughout Bosnia and Herzegovina, which means that we can efficiently conduct the proceedings wherever your debtor or assets are located.
We strive for the highest standards of professionalism in every representation. We have over three decades of experience and hundreds of satisfied clients. We combine detailed knowledge of the regulations with practical experience in order to choose the optimal strategy for your case – whether it is a quick account freeze, a proposal to sell assets or some other measure. Our goal is always the same: efficient realization of your rights and full collection of the debt, while respecting all legal procedures. We also pay great attention to communication – we regularly inform you about the progress of the procedure and we are available for all your questions, because we believe that trust and transparency bring the best result.
Frequently Asked Questions about Enforcement Proceedings (FAQ)
What does the term “enforcement proceedings” mean?
It is a procedure in which a court, at the request of the creditor, enforces the collection of a debt from the debtor based on an enforcement document. It is initiated when the debtor does not voluntarily pay what they owe.
How to initiate enforcement proceedings?
It is necessary to submit a motion for enforcement to the competent court with evidence of the enforcement document (e.g. judgment) and an indication of the requested collection (amount of debt, interest, costs) and the proposed enforcement measures. It is recommended that the proposal be drawn up by an attorney to ensure that it is complete and correct.
How long does the debt enforcement process take?
The duration varies. Simple cases (e.g. freezing an account with sufficient funds) can be resolved in a few months or less. Complex cases, where it is necessary to find and sell the debtor's assets or where the debtor is pursuing legal remedies, can take longer – sometimes over a year. The attorney-at-law shall try to expedite the process as much as possible within the framework of the law.
Is it mandatory to hire an attorney?
It is not mandatory, but it is recommended. An attorney ensures that every step is carried out correctly and significantly increases the chance of successful collection. Without an attorney/lawyer, it is easy to make mistakes in the proposal or miss deadlines, which can delay or jeopardize debt collection.
Who bears the costs of enforcement proceedings?
Initially, the costs (court fees, possible advances for court execution officers/clerks, expert opinions, etc.) are borne by the creditor who initiates the proceedings. However, these costs are ultimately transferred to the debtor through enforcement proceedings. In other words, the debtor will have to pay the costs of the proceedings in addition to the principal debt, as well as the statutory default interest that accumulates until the payout.
What if the debtor has no assets at all?
The execution can be carried out only on the property that the debtor owns or the income that they generate. If the debtor currently has no assets or income, collection will be difficult or impossible. In such cases, the procedure can be suspended, but the enforcement decision (a writ of execution) remains in force. The creditor can request enforcement again later, if he discovers that the debtor has acquired property or income (e.g. employment, inheritance, purchase of real estate). An experienced attorney can help monitor the situation and advise when to try collection again.
Take a step towards debt collection
Although it may seem complex, enforcement proceedings with professional legal support become an effective mechanism for exercising your rights. You do not have to go through this process alone. The Law Office Prnjavorac is at your disposal to conduct enforcement proceedings throughout Bosnia and Herzegovina.
Contact us today to get advice or initiate a debt collection procedure. Let our team of experts take care of all the legal details and help you get the deserved payment of your debt as soon as possible.
