What does the regime of immediate enforceability of a judgment mean in practice? It means that a judgment granted this regime may serve as the basis for enforcement before it becomes final. However, this is not a clause simply added to a judgment without further consideration. In the rest of this article, the debt-collection law firm Vindicat explains the regime of immediate enforceability and answers questions about what this regime provides and in which cases it may be obtained.
Regime of immediate enforceability – what is its purpose?
It is easy to see that the primary purpose of the regime of immediate enforceability is to accelerate and streamline the entire procedure for recovering overdue amounts from contractors who refuse to pay. A judgment receives an enforcement clause before it becomes final. At that point, enforcement by a bailiff may begin. The regime of immediate enforceability allows non-final judgments to be enforced and significantly accelerates the process of satisfying a claim.
When may a judgment be granted the regime of immediate enforceability?
Unfortunately, a clause of immediate enforceability cannot be granted in every situation. It may be granted only to judgments that are suitable for enforcement by a bailiff. These include judgments concerning a debt, while all judgments that merely establish the existence of a particular legal act are excluded.
A judgment may be granted a clause of immediate enforceability in two ways: ex officio or upon application. If the situation is legally justified, the court will be required to grant the judgment a clause of immediate enforceability. In every other situation, the interested party must submit an application.
When does the court grant the regime of immediate enforceability ex officio?
Pursuant to Article 333 of the Code of Civil Procedure, the court grants a judgment a clause of immediate enforceability when it awards maintenance or a claim acknowledged by the defendant, when a judgment upholding the claim is issued in absentia, or when the court awards an employee an amount in employment-law proceedings, up to the equivalent of the employee’s full one-month salary.
The court’s decision on granting the regime of immediate enforceability
The granting of the clause depends solely on the court’s decision, without the interested party having to submit an application, when awarding amounts under a bill of exchange, cheque, warrant, promissory note, official document or private document whose authenticity has not been challenged, as well as when upholding an action concerning infringement of possession.
An application by a party for the regime of immediate enforceability
There are cases in which the regime will not be granted unless the interested party submits an application. One such situation is a delay in pursuing the claim that made enforcement of the judgment impossible or significantly more difficult, or exposed the claimant to loss.
Do you want to know from when and until when the regime of immediate enforceability applies? Visit https://vindicat.pl/baza-wiedzy/co-oznacza-rygor-natychmiastowej-wykonalnosci/, where you will find the answer to this question and much more information about the regime of immediate enforceability.