After judgment When the judgment has to turn into money
The bailiff’s court
A judgment is a piece of paper. The bailiff’s court (the enforcement court) is where the paper turns into an attachment on something that can be sold. It is the part of debt collection fewest people know — and the part that decides whether you get the money.
14 concepts
- Attachment (udlæg) An attachment is the bailiff's court's security in the debtor's assets — the right to have them sold at compulsory auction if the debt remains unpaid. An enforceable instrument requires
- Attachment of movables (udlæg i løsøre) Attachment of movables gives you security in the debtor's physical assets — vehicles, machinery, equipment — which can be sold at compulsory auction. Bilbogen or personbogen recorded in
- Attachment of real property (udlæg i fast ejendom) Attachment of real property gives you security in the debtor's property, registered in the Danish land register — and a place in the queue when it is sold. Tingbogen (the land register) registered in
- Attachment proceedings (udlægsforretning) The attachment proceedings are the part of the bailiff's court hearing where the debtor's assets are actually attached. Attachment or no assets found outcome
- Compulsory auction (tvangsauktion) A compulsory auction is the forced sale of an attached asset — it is where the attachment turns into money. The attachment realises
- Declaration of insolvency (insolvenserklæring) A declaration of insolvency is the debtor's statement in the bailiff's court that he is unable to pay — given under penalty of law. Under penalty of law given
- Enforcement hearing (fogedforretning) An enforcement hearing is the meeting in the bailiff's court itself, where the debtor has to disclose their finances, and where an attachment can be levied. An enforceable instrument requires
- Eviction proceedings (udsættelsesforretning) An eviction proceeding is the bailiff's court's enforced eviction of a tenant who does not pay — in everyday terms, an enforcement case about unpaid rent. Formal demand and termination requires
- Exemption for necessities (trangsbeneficiet) The exemption for necessities is the protection that keeps a debtor's essential possessions and a reasonable living allowance out of reach of attachment. The essential home protects
- Production by the police (politifremstilling) Politifremstilling means that the bailiff's court has the police bring in a debtor who fails to appear at the enforcement hearing. Non-appearance used in cases of
- Summons to the bailiff's court (tilsigelse) The tilsigelse is the bailiff's court's summons calling the debtor to the enforcement hearing — and attendance is compulsory. Compulsory attendance entails
- The 6-month rule (6-måneders reglen) The 6-month rule means that the bailiff's court may refuse a new case against a debtor within six months of an unsuccessful attachment or a declaration of insolvency. 6 months duration
- The bailiff's court (fogedretten) The bailiff's court is the division of the district court that enforces claims — the place where a judgment turns into an attachment in the debtor's assets. An enforceable instrument requires
- Unsuccessful attachment (forgæves udlæg) An unsuccessful attachment means that the bailiff's court found nothing to levy execution against — the debtor has no assets of value. Declaration of insolvency followed by
From dictionary to decision
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