REQUEST FOR EXECUTION OF JUDGMENT WHEN THE BORROWERS FAIL TO COMPLY WITH JUDGMENT

There are many situations when the borrower refuses to pay, even though there has been a decision or judgment from the Court or a competent state agency. This poses a big challenge for creditors in recovering their debt. So, in cases where the borrowers fail to comply with judgment, what should the creditor do to ensure their rights and effectively collect the debt?

Subtract from the judgment debtor’s income

Monthly income 

In the event that the creditor realizes that the borrower cannot repay the loan at the same time, there is a possibility that the loan will not be paid after the decision or judgment of the Court, the creditor can subtract from the monthly income of the judgment debtor to pay off the debt.

The monthly income of judgment debtors includes: wages, salaries, pensions, disability benefits and other legal incomes.

Cases of deduction from the monthly income of judgment debtors to pay debts include:

– Under the agreement of the involved party;

– The judgment or decision set to be subtracted from the income of the judgment debtor;

– The judgment execution on providing relief, the periodic judgment, the judgment debt is not large or the other assets of the judgment debtor are not enough to serve the judgment.

Monthly deduction the borrower refuses to comply with the judgment

The judgment enforcement agency will make a decision to deduct from the income of the person who has to serve the judgment. The maximum amount to be deducted from salaries, wages, pensions, disability benefits is 30% of the total monthly amount, unless otherwise agreed by the involved parties. For other income, the rate of deduction is based on the actual income of the judgment debtor, but must ensure the minimum living conditions of that person and the nurtured person according to the provisions of law. the borrower refuses to comply with the judgment

Therefore, first of all, the creditor should initiate a civil lawsuit to force the borrower to pay. The Court will make a judgment that determines how and when the obligation is to be paid. The two parties can voluntarily agree on a method of repayment based on a judgment (voluntary enforcement), if deliberately not done, then apply to the civil judgment enforcement agency, they will apply deduction monthly income until repayment.

Enforcement of the judgment

Conditions for requesting judgment execution

Under the provisions of the law on Guarantee of the validity of judgments or decisions:

– Judgments and decisions prescribed in Article 2 of this Law must be respected by agencies, organizations and all citizens. the borrower refuses to comply with the judgment

– Relevant individuals, agencies and organizations, within the scope of their responsibility, strictly abide by the judgments and decisions and shall take responsibility before law for the judgment execution. 

– However, there are still many cases where the borrower refuses to comply with the Court’s judgments or decisions after the debt collection proceedings. In order to help creditors recover their lost debts, the Law on Execution of Judgments has specified as follows: 

– Within 5 years from the effective date of the judgment or decision, the judgment creditors or judgment debtors have the right to request the competent civil judgment enforcement agency to issue decisions on judgment execution. 

– In the case of that the time limit for performing an obligation is specified in the judgment or decision, the 5-year period shall be counted from the date the obligation is due. 

– For a judgment or decision to be enforced periodically, the 5-year time limit applies to each period from the date the obligations are due.

Therefore, in the event that the creditor sues the borrower to court, when a judgment (or decision) requires the borrower to pay the creditor in full for the debt having effect that the borrower does not voluntarily make a refund, according to the Law on Execution of Judgments, within 5 years from the date the judgment or decision takes legal effect, the creditor has the right to file an application to the judgment enforcement agency of district level where the court hears the first instance court to request enforcement. 

Contents of the petition for judgment execution

A written request for judgment execution includes the following contents:

– Full name and address of the petitioner;

– Name of the civil judgment enforcement agency where the request is made;

– Full name and address of the judgment creditors; judgment debtor;

– Content of request for judgment execution;

– Information on property or judgment execution conditions of the judgment debtor.

– The petitioner for judgment enforcement must specify date, month and year and sign or fingerprint.

– Enclosed with the petition for judgment execution, there must be the judgment, the requested enforcement decision and other relevant documents, if any.

Measures to enforce judgment execution

A requester of judgment execution has the right to request a civil judgment enforcement agency to apply a judgment enforcement measure, including:

– Accounts frozen; custody property, papers;

– Suspension of registration, transfer or change of property status.

Judgment execution/enforcement procedures

The judgment enforcement agency will issue a notice of judgment execution, assigning the person to serve a voluntary period of judgment of 15 days from the date the judgment debtor receives or is properly notified of the judgment. intend to execute the sentence. Upon the expiration of the above voluntary time limit, the judgment debtors who are conditionally executed but fail to voluntarily execute the sentences shall be coerced. the borrower refuses to comply with the judgment

Enforcement of monetary assets will be subject to one of the measures by the judgment enforcement agency such as with holding money from the account; deduct from the judgment debtor’s income; collecting money from business activities of judgment debtors; collect money from judgment creditors who are holding or collect money from judgment creditors who are kept by a third person or sell property of judgment creditors to collect debts…

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