Application for the enforcement of a judgment What is it?

All legal proceedings result in a judgment. It specifies how one party is to compensate the other. However, there are times when the recipient does not receive what he or she is entitled to within the specified period. In such cases, you can file a claim for enforcement of the judgment. It is advisable to turn to a family lawyer and in any case, here we would like to talk in depth about this legal instrument, which is so useful in this type of situation.erca de este instrumento jurídico tan útil en este tipo de situaciones.

But what is an application for enforcement of a judgment?

To define it, we must resort to the Criminal Procedure Act (Law 1/2000 of 7 January) and, specifically, to Article 549. It specifies that the application for enforcement of a sentence is the legal tool by means of which the beneficiary of a sentence can ensure that it is enforced. In order to file it, it is necessary to have the assistance of a lawyer and a solicitor and to address it to the court that has jurisdiction in the proceedings.

It should be remembered that final judgments are enforceable for the purpose of defending the interests of their beneficiaries. Once the application for enforcement has been filed, the defendant has the possibility of lodging an opposition within 10 working days. He also has the possibility to comply with the judgment, in which case the proceedings are automatically terminated. In the event that he does neither, the enforcement proceedings will commence.

What is the content of the application for enforcement of a judgment?

Obviously, this type of application must contain all the necessary information to be admissible. To find out what this information is, we must turn again to the Criminal Procedure Act, which states the following:

• Establishment of the court where it is to be filed. Article 542 of the said law clearly specifies that all lawsuits aiming at the enforcement of judgments must be filed in the Court of First Instance that heard the case as long as they refer to approved resolutions and court settlements.
• Identification of the parties. Both the litigant and the litigant. If possible, the writ of execution of the judgement must contain measures for the investigation of the attachable assets and for their location.
• Legal basis for the claim. It is to be found in the Criminal Procedure Act itself. The lawyer responsible for handling the case will be in charge of drafting it.
• Determination of the guardianship. In this section, the amounts claimed must appear. In the case of a non-monetary obligation, it must be specified what you do or do not have to do in this respect.

On the other hand, on the basis of Article 549 of the Criminal Procedure Act, if the complaint refers to a final judgment of a competent court or the decision of a court clerk, the pleading should only identify it. This ostensibly simplifies the procedure.

Types of enforcement of judgments

Within the enforcement phase, there are two different types. The first is the economic or monetary enforcement. In this case, the defendant must pay the claimant the principal sum, the administrative costs incurred and interest for late payment. If he is unable to do so in cash, the judge will authorise the seizure of his assets. It should be remembered that there are assets that cannot be seized, such as the Minimum Interprofessional Wage.

The other case refers to non-monetary execution. We are talking about those cases in which the judgment does not require the payment of an amount, but rather the delivery of an asset, the settlement of certain damages or the obligation to do or not to do something (reinstate an employee, for example).
This last point is more complex as it may also refer to the area of criminal law. In this case, the judge can determine the payment of the fine established by regulation, imprisonment for the time determined according to the type of offence or probation according to the legal requirements.

How long does it take to enforce a judgment?

Let us start from the assumption that, once a judgment is final, the defendant has 20 days to comply with it. If he fails to do so, the plaintiff has the possibility of initiating enforcement proceedings to enforce the judgment. Thereafter, the time limits can vary considerably as it depends on the capacity of the court to process the claim. This is why interest for late payment is often included.

In short, the claim for enforcement of a judgment is a very useful tool when the defendant does not receive the benefits derived from a final judgment. This is much more common than it seems in the civil field and always requires the intervention of a specialised lawyer and a solicitor. We hope we have cleared up any doubts you may have.