The purpose of the process is to settle the conflict, which usually takes place by the sentence. However, the sentence has to be executed and here a new scenario is usually reconsidered. On some occasions, the administration will abide by and promptly and accurately comply with the ruling, but in other cases, as a defeated player, the losing administration will try to deceive the appellant in this execution incident, either by delaying its execution or by extorting pretexts and aces the legal sleeve to empty its content. Looking for Los Angeles Judgment Collection Specialists?? Read ahead!
Hence the importance of knowing the process of execution of judgments, to which the Law Regulating the Contentious-Administrative Jurisdiction dedicates only ten articles with a minimum supplementary of the Civil Procedure Law and it should be known not to repeat the story, of which we have been a privileged spectator many times, of great lawyers who painstakingly conquer the judgment and then, due to procedural ignorance, see their victory trumped in the incident of execution of sentence. What to do in the event of failure to comply with a judgment? Look for Los Angeles Judgment Collection Specialist!
How to act when someone does not comply voluntarily with a court decision? We have lawyers specialized in acting against the non-compliance of a sentence, we are specialists in the execution of judgments. When a judgment is final, the convicted person has a period of twenty working days to voluntarily comply with said sentence. In the event that the aforementioned period has elapsed, the failure to comply with a judgment shall occur; the Courts shall enforce compliance with its rulings whenever the corresponding demand for execution of judgment is presented.
What does a Los Angeles Judgment Collection Specialist do?
Who can request the execution? Who can claim the breach of a sentence?
- Is legitimized who has won in court before the condemned.
- In the event that the legitimated party has died, his successor may also exercise the action provided that his status as an heir is proven.
The executive demand:
The enforcement process is initiated by means of an executive demand requiring the judge to act in the event of failure to comply with a judgment and to enforce compliance with it. The judge will require the execution to comply with the sentence.
Faced with the requirement the executed can:
- Fulfill the sentence in the act.
- Oppose the execution for founded reasons as established by law and within 10 days.
- Failure to comply or oppose the act, in which case the Court will proceed to enforced execution.
Executions of money:
This type of foreclosures is raised in the event of failure to comply with a judgment that includes a monetary penalty, thus enforcing compliance with any sentence that condemns a certain amount. If the foreclosed party does not pay within the ten-day period granted, the Court will proceed to seize assets.
Requirements to be able to seize the assets:
- That the property belongs to the executed.
- That the good is attachable.
- In the absence of agreement between the creditor and the debtor, the pre-established order is respected.
- That the seizure is sufficient to cover the amount of the debt.
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