In the field of law, knowing the deadline to enforce a judgment for non-payment is essential to ensure that court rulings are fulfilled, especially in cases of non-payment claims, where understanding the legal deadlines and associated actions can make the difference between recovering the debt or losing crucial rights.
In this article, at BUFET GÓMEZ FERRÉ, as litigation lawyers in Barcelona specialized in non-payment claims in Barcelona, we explain everything you need to know about enforcing judgments for non-payment: the deadlines, legal strategies, and answers to the most common questions related to the enforcement of judgments, in accordance with current regulations in Catalonia and Spain.
What do we mean by enforcing a judgment?
Enforcing a judgment means taking the necessary actions to ensure compliance with what has been ruled by a court in a judicial resolution. In the context of a non-payment claim, this process involves turning the judge’s decision into reality, whether it is the payment of a debt, the delivery of an asset, or any other obligation established in the judgment.
The procedure of judgment enforcement begins when the party favored by the judgment (the claimant) requests the court to compel the other party (the debtor) to comply with the ruling. This process may include measures such as the seizure of assets, wage garnishment, or the intervention of bank accounts of the debtor to ensure the debt is paid.
What are the deadlines to enforce a judgment for non-payment?
The deadlines to enforce a judgment for non-payment in Spain are regulated by the Civil Procedure Act and vary depending on the type of judgment and the nature of the case. In general terms, the maximum deadline to enforce a judgment is 5 years from the moment the judicial resolution becomes final, as established by Article 518 of the Civil Procedure Act.
It is important to note that this period can vary depending on the type of judgment and the specific case. Below, we detail the deadlines for different types of judgments:
Once the deadline has passed without initiating enforcement, the enforcement action expires, meaning the beneficiary loses the right to demand compliance with the judgment. It is essential to highlight that this is a deadline for expiration, not prescription, which cannot be interrupted or suspended for any reason.
Additionally, the following must be considered:
The consequences of not enforcing a judgment within the established deadline can be severe, as the beneficiary loses the opportunity to enforce the judicial resolution and, therefore, to obtain what has been recognized in the judgment. This can result in the definitive loss of rights or financial compensations that had been judicially acknowledged. For this reason, it is crucial that the beneficiaries of a judgment act promptly and request enforcement as soon as possible, preferably with the assistance of a lawyer specialized in non-payment claims who can guide the process and ensure all legal requirements are met within the established deadlines.
Legal strategies to enforce a judgment for non-payment
When a favorable judgment is obtained that orders an individual or entity to pay a debt, it is crucial to ensure its enforcement. However, this is not always straightforward, especially if the convicted party resists compliance. With the support and expertise of a lawyer specialized in enforcing unpaid judgments, you can ensure that every process is carried out within the legal deadlines, optimizing resources and maximizing the chances of success in enforcing judgments for non-payment.
Based on our knowledge, we outline some of the most common legal strategies to enforce a judgment for non-payment and ensure the recovery of the owed amount:
One of the most effective strategies to ensure the enforcement of a judgment for non-payment is to request the court to seize the debtor’s assets. This includes properties, vehicles, bank accounts, recurring income such as salaries or pensions, and even business shares. The embargo is carried out through a court order, and the goal is to ensure the owed amount is covered using the available assets.
If the financial situation of the debtor is unknown, the court can be petitioned to conduct a thorough asset investigation to locate property or income that can be seized. With the assistance of a lawyer, legal tools can be accessed to identify assets that the debtor may be hiding or that have not yet been considered.
Enforcement measures include judicial demands, coercive fines, or other sanctions to pressure the debtor into complying with the judgment. These measures are applied when the debtor continues to fail to meet their obligations and aim to induce payment through additional consequences that increase the cost of non-compliance.
When the defendant does not voluntarily pay the amount they have been ordered to, an enforcement action lawsuit can be filed. However, this procedure may take months or even years, depending on the debtor’s resistance and the saturation of the judicial system. To expedite these timelines, innovative tools exist, such as the Judicial Non-Payment Registry, enabled by the Spanish General Council of Lawyers. This resource allows the debtor to be listed in a defaulters’ registry, applying additional pressure to fulfill their obligations.
How is a debt paid after enforcing a judgment?
The payment of the debt, following the enforcement of a judgment, can be carried out in two main ways: directly to the beneficiary or through deposit into the court account that handled the case. Although both options are valid, judicial deposits may involve certain delays in the process.
When payment is made via judicial deposits, the funds are typically retained for approximately 3 months. This is because the intervention of a court clerk (Letrado de la Administración de Justicia) is required to authorize the transfer and release the corresponding amount to the beneficiary.
In addition to the usual workload of the courts, in some cases, it is mandatory to submit additional documents that clearly link the payment to the judgment, which can further slow down the process.
While these delays are common, they can be effectively managed with the assistance of a specialized lawyer. An experienced professional can anticipate potential complications, such as the need to file motions with the court to expedite the release of funds or resolve any administrative discrepancies. At BUFET GÓMEZ FERRÉ, we ensure these procedures are handled with the utmost diligence to minimize waiting times and guarantee that our clients receive their compensation as quickly as possible.
Appeal of the judgment for non-payment and its collection implications
The time to enforce a judgment for non-payment can be significantly extended if the defendant decides to appeal the initial ruling.
While a judgment ordering payment is an important step, its enforcement may be delayed while the appeal process is resolved. This means that, even after winning the case, it could take 1 year or more before the judgment becomes final and the collection can officially begin.
Additionally, during this period, default interest continues to accrue, increasing the total amount owed by the debtor. While this may benefit the creditor, it does not fully offset the damages caused by delays in collection, such as lack of liquidity or wasted time. In such cases, having a lawyer specialized in debt recovery will help oversee the appeal process and expedite enforcement once the judgment becomes final.
Frequently Asked Questions
The period to enforce a judgment in Spain is 5 years from when the judgment becomes final. This is a limitation period that cannot be interrupted or suspended. Therefore, we recommend acting promptly to avoid losing the opportunity to enforce the judgment.
If the other party does not voluntarily comply with the judgment, you can request forced enforcement through the court. This can include measures such as the seizure of assets, wage garnishments, or freezing the debtor’s bank accounts. Additionally, default interest and execution legal costs may increase the amount the debtor must pay.
Yes, asset seizure is one of the most common measures in judgment enforcement. The court can order the seizure of movable property, real estate, bank accounts, vehicles, wages, and even shares or stakes in companies. This ensures the recognized debt is satisfied and the creditor’s rights are protected.
If the debtor does not have sufficient assets to cover the debt, the enforcement process may be unsuccessful. However, the creditor can continue monitoring the debtor’s financial situation throughout the enforcement period to identify potential improvements in their assets and request new enforcement measures. A specialized lawyer will handle these tasks.
Generally, it is not advisable to accept an installment payment agreement before initiating the enforcement of the judgment. This is because the law establishes a period of 5 years to file an enforcement claim once the judgment is final. If it is not enforced within that time, you will lose the right to claim the debt.
However, once enforcement has begun, it is possible to negotiate a debt installment plan with the debtor. This agreement allows payments to be made in installments without affecting the validity of the enforcement action, ensuring that the creditor receives the full amount owed. The enforcement process is considered concluded only when the entire debt recognized in the judgment has been paid.
Free legal consultation – Lawyers specializing in judgment enforcement for unpaid debts
At BUFET GÓMEZ FERRÉ, we understand the importance of acting within legal deadlines to enforce a judgment for unpaid debts. That is why our team of expert lawyers in debt recovery in Barcelona is available to offer you a free initial evaluation, where we will analyze your case and propose the best plan of action within the optimal deadlines to maximize the chances of recovering what you are owed.
Remember that each case is unique and requires a personalized strategy. However, you should know that at BUFET GÓMEZ FERRÉ, we work under a results-based fee model, meaning that our fees depend on the success of the claim, always seeking to have the legal costs borne by the debtor.
Contact our law firm in Barcelona and ensure the enforcement of court rulings with the help of our experts in debt recovery.