REQUEST FOR JUDGMENT ENFORCEMENT WHEN A DEBTOR FAILS TO COMPLY WITH A JUDGMENT

There are many scenarios where a debtor refuses to repay a debt, even after a judgment or decision has been issued by a Court or a competent State authority. This presents a significant challenge for creditors in recovering their debts. So, in cases where debtors fail to comply with such judgments, what should creditors do to safeguard their legitimate rights and interests, and effectively recover the debt?

Deducting from the non-compliant debtor’s income

Monthly income of the non-compliant debtor

If a creditor realizes that the debtor is unable to repay the debt in a single lump sum or is likely to evade repayment after the Court’s judgment or decision is issued, the creditor may request the measure of deducting from the judgment debtor’s monthly income to clear the debt.

The monthly income of a judgment debtor includes: salary, wages, pension, allowance for loss of working capacity, and other lawful incomes.

Cases where deductions from the judgment debtor’s monthly income are applied for debt repayment include:

– Upon agreement among the involved parties; or when the debtor refuses to comply with the judgment;

– The judgment or decision explicitly designates deductions from the judgment debtor’s income;

– Enforcement of alimony/maintenance, periodic judgment enforcement, cases where the judgment debt is relatively small, or when the judgment debtor’s other assets are insufficient to satisfy the judgment obligations.

Monthly deduction limit

The judgment enforcement agency (specifically the Enforcer) shall issue a decision to deduct money from the judgment debtor’s income. The maximum deduction rate from salaries, wages, pensions, and working capacity loss allowances is 30% of the total monthly amount received, unless otherwise agreed by the involved parties. For other sources of income, the deduction rate is based on the actual income of the judgment debtor, provided it ensures the minimum living conditions for the debtor and their dependents as prescribed by law.

Therefore, first of all, the creditor should initiate a civil lawsuit to compel the debtor to repay the money. The Court will issue a judgment determining the exact debt obligation and the due date. The two parties can voluntarily agree on a repayment method based on the judgment (voluntary enforcement). If the debtor deliberately evades the obligation, the creditor can submit an application to the Civil Judgment Enforcement Agency, which will apply the measure of monthly income deduction until the debt is fully paid off.

Coercive judgment enforcement against non-compliant debtors

Conditions for requesting judgment execution

Conditions for requesting judgment enforcement against non-compliant debtors according to legal provisions on Guaranteeing the effect of judgments and decisions:

– Judgments and decisions must be respected by agencies, organizations, and all citizens.

– Relevant individuals, agencies, and organizations must, within the scope of their responsibilities, strictly comply with judgments and decisions, and shall be held legally liable for the judgment enforcement.

However, there are still many instances where debtors refuse to comply with Court judgments and decisions following debt collection lawsuits. To assist creditors in recovering their lost debts, the Law on Civil Judgment Enforcement specifies the following:

– Within a period of 05 years from the date the judgment or decision takes legal effect, the judgment creditor and the judgment debtor have the right to request a competent civil judgment enforcement agency to issue a judgment enforcement decision.

– Where a time limit for obligation performance is specified in the judgment or decision, the 05-year period shall be counted from the date the obligation falls due.

– For a judgment or decision to be periodically enforced, the 05-year period shall apply to each period, counted from the date the obligation falls due.

Consequently, when a creditor sues a debtor, and a legally effective Court judgment (or decision) orders the debtor to fully repay the debt, but the debtor fails to voluntarily comply, the Law on Civil Judgment Enforcement stipulates that within 5 years from the date the judgment/decision takes legal effect, the creditor has the right to file a request with the district-level civil judgment enforcement agency where the first-instance trial was held, demanding the enforcement of the judgment.

Contents of the request for judgment enforcement

To be considered a valid request, the application for judgment enforcement must ensure the essential contents as prescribed. Pursuant to Clause 2, Article 9 of the Law on Judgment Enforcement 2025, the basic contents of a judgment enforcement request include:

– Information of the requester, the judgment creditor, and the judgment debtor: full name; address; date of birth; personal identification number, identification number of the agency or organization; enterprise or cooperative code, and telephone number (if any);

– Date, month, and year of the judgment enforcement request;

– Name of the requested civil judgment enforcement agency;

– Number, date, month, year, and the issuing agency of the judgment or decision;

– The specific amounts or obligations requested for enforcement;

– Information concerning the assets or execution conditions of the judgment debtor (if any);

– In cases where the requester is the judgment creditor, clearly specify the bank account number to receive the funds (if any);

– In cases of requesting judgment enforcement in the digital environment (via the National Public Service Portal, the centralized administrative procedure processing information system of the Ministry of Justice, the VNeID application, or other electronic means as prescribed), it must be carried out in accordance with the regulations of the competent authority regarding the form of request on such means; in cases of requesting judgment enforcement by submitting a direct application, presenting it orally, or sending it via postal services, it must bear the signature or fingerprint of the requester; if the requester is a legal entity, it must bear the signature of the legal representative and the seal of that legal entity;

– The request for judgment enforcement must be accompanied by the judgment or decision requested to be enforced, along with other relevant documents, if any.

Measures to secure judgment enforcement

The judgment enforcement requester has the right to request the civil judgment enforcement agency to apply judgment enforcement securing measures, including:

– Freezing accounts; temporarily seizing assets and documents;

– Suspending the registration, transfer, or alteration of the current status of assets.

Procedures for judgment enforcement/coercive enforcement against non-compliant debtors

The judgment enforcement agency shall issue a notice of judgment enforcement, granting the judgment debtor a voluntary execution period of 10 days, counted from the date the judgment debtor receives or is properly notified of the judgment enforcement decision. Upon the expiration of the aforementioned voluntary period, if the judgment debtor has the conditions to execute the judgment but fails to do so voluntarily, they shall be subject to coercive enforcement.

Coercive execution against monetary assets will be applied by the judgment enforcement agency using measures such as: deducting money from accounts; deducting from the judgment debtor’s income; collecting money from the judgment debtor’s business activities; collecting money currently held by the judgment debtor or held by a third party; or distraining and auctioning the judgment debtor’s assets to recover the debt…

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