Luxembourg

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Tuesday, 16 April 2013 18:14

Luxembourg

Luxembourg

 

Enforcement of a judgment in the Grand Duchy of Luxembourg.

Written by the president of Connexx – Our partner in Luxemburg – Geoffrey Gallé

The judicial officer is the only ministerial officer authorised to enforce a judgment within the territory of the Grand Duchy of Luxembourg.

Things to note: In Luxembourg, there are several jurisdictions-

Therefore, judgments from the following are available for enforcement

• the Justices of the Peace of Luxembourg, Esch/Alzette or Diekirch
• the two District Courts of Luxembourg and Diekirch

The different matters include civil, commercial, correctional, labour law, lease, summary proceedings, garnishment of bank accounts.

These judgments will either be notified through the clerk's office or served through the bailiff responsible for collecting the debt, depending on the identity of the matter relating to the judgment.

Once the time limits for appeal have expired and the judgment has become res judicata, (the principle that a cause of action may not be relitigated once it has been judged on the merits) enforcement measures can begin.

In the event that the sentence of the judgment mentions provisional execution, it goes without saying that the start of the execution will be immediate.

To this end, the bailiff has a full range of acts and procedures at his disposal, such as:

- the order before seizure and execution
- seizure of goods (on furniture, cars, paintings, various objects
- garnishment on bank account(s)
- special garnishment on wages, annuity, pension
- seizure of real estate
- registration of a judicial mortgage as a precautionary measure
- the notice of affixation of placards
- summons to attend the forced sale
- the forced sale

The costs incurred will be borne by the debtor party, except of course if the latter is clearly insolvent, both materially and financially. In this is the case, the creditor will have to bear the responsibility for the costs.

The judicial officer will therefore do his utmost to recover his client's debt, while acting as a neutral party in terms of costs, respect for the debtor and ethical enforcement.

Whilst Luxemburg is one of the smallest countries in Europe with a population of 650,000 people, it is a developed country with an advanced economy with one of the world’s highest GDP per capita.

We at Biel and Gallé are a small office offering a personal touch to all our clients. Instruct us today and increase your chances of recovering what is due and payable.

Address: 1, rue Nicolas Simmer, L-2538 Luxembourg
Post box: B.P.1262 L-1012 Luxembourg
Web address: www.huissiers.lu
Phone: + 352 26 02 11 1
Fax: +352 45 8041

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