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Termination of case before the Bailiff

In order to terminate an enforcement proceeding before a bailiff, a perpetual usufruct is required. Peremption penalizes the creditor in the event that he has not carried out enforcement actions for 2 /two/ years. If there is a peremptory challenge, the case shall be dismissed by operation of law. The prerequisites are described in Art. 433, para. 1. 8 of the Civil Procedure Code – termination of the enforcement proceedings by operation of law. That is to say, the bailiff’s decree establishes an ex lege termination. In case you have a pending case before the bailiff, you can consult a good lawyer who will get acquainted with the case and make a reference to the office of the bailiff. If peremption has occurred, your case should be dismissed. You can turn to us as our lawyers will assist you in the procedure of termination of a case before the bailiff. NB: Enforcement actions carried out after the expiry of the two-year period are unlawful and do not interrupt the limitation period in respect of the claim. What happens to my debt after the termination of a bailiff case? The termination of a case does not mean that the obligation ceases to exist. There is no obstacle for the creditor to open a new enforcement proceeding if the statute of limitations for the debt has not expired. According to the law and practice, all periodic payments are extinguished by a 3 year statute of limitations and the rest by a 5 year statute of limitations. The five-year limitation period shall also apply where the claim has been established by a court decision. If these limitation periods have expired and the case is dismissed, your obligation to the creditor is also time-barred. The statute of limitations does not run while the enforcement process is ongoing. The limitation period shall be interrupted by enforcement action. What are the consequences of terminating an enforcement action? Upon termination of an enforcement proceeding with a bailiff, action should be taken to lift all liens, attachments and foreclosures. Enforcement shall cease and all seizures, inventories, etc. shall be lifted. In this case, the debtor does not owe any fees to the bailiff. If you have an enforcement case pending before a bailiff, you can contact a good attorney to review the case and provide you with complete and detailed information on the steps to take to end the case.

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