A warning from the Enforcement Office: your first week

The letter arrives with the heading “Warning”. Most people panic, then put it aside. Both reactions are understandable, and both are costly. The first week after a warning arrives is when you have the most options.

1. Check what kind of file was opened

The warning states what the file is based on: a judgment, a cheque or promissory note, or a claim for a fixed sum. The difference matters. In a file based on a cheque or note, for example, you can file an objection within 30 days of the day the warning was served on you, if you have a defence against the debt. An objection filed on time stays the collection proceedings. In a file based on a judgment, the question has already been decided, and the ways to act are different.

2. Check the amount

The amount in the warning includes the original debt, linkage differentials and interest, and sometimes costs and legal fees. Calculation errors are not rare. Ask for the breakdown and compare it with the original document.

3. Do not let the deadline pass

Once the deadline in the warning passes without a response, the creditor can ask for collection measures: a freeze on your bank account, a garnishment of salary, a seizure of your car, and sometimes restrictions. Most of these can later be reduced or lifted, but it is easier to prevent them.

4. Choose a path

• If you have a claim against the debt itself, file an objection or the right application, on time.
• If the debt is correct and you can pay, propose a settlement. It is usually better to do so before anything is seized.
• If paying in full is not possible, you can ask for a monthly payment set according to your means.
• If there are several files, you can ask to consolidate them into one monthly payment.

5. Look at the whole picture

If this warning is one of several, and your debts are growing faster than your income, the Enforcement Office may not be the right place to resolve them. Insolvency proceedings bring all your debts into one place, stop collection, and end with a discharge. It is a big decision, and worth considering in time.

If you have received a warning, do not leave it in a drawer. Send me a photo of it, and I will tell you the deadlines and the options.

This letter is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.