Forced execution of a judgment
If the losing party (the debtor) in the case fails to pay the amount specified within the time limit, you, as the creditor, can take the following measures to force execution:
- examine the debtor on his or her property and income;
- seize the debtor’s movable property (for example, a car);
- seize other property owned by the debtor but in the possession of a third party (for example, the debtor’s wages or bank balance);
- seize immovable property belonging to the debtor, with the exception of the debtor’s main residence.
Intervention by a bailiff
You cannot take measures to force execution yourself. You must act through a bailiff, except if the only measure planned is to seize the debtor’s income in the hands of a third person.
If the only measure planned is to seize the debtor’s income in the hands of a third person, you can prepare the notice of execution yourself, with help from the clerk. You must send a copy of the notice by registered mail to the debtor and garnishee, or have it served by a bailiff.
It is important to note that the bailiff’s fees are paid by the debtor, within the limits provided by law.