Enforcement Proceedings in Spain: A Comprehensive Guide
Enforcement Proceedings in Spain
Office of the Execution
Review of the defendant and accompanying documents: Once the application is submitted with all necessary documents, the court issues an order. This includes a general order of execution and authorization. The following should be verified:
- Presentation of budgets and procedural requirements.
- In the case of judgments or arbitration, a 20-day waiting period from notification is required before ordering the release of execution.
- The executive title is not affected by any formal irregularity.
- Implementation acts are consistent with the nature of the title.
How execution should be released or withheld: The execution order is issued and can be appealed. This means it cannot be immediately enforced; only opposition is possible. The court will dismiss the execution application if the executive title meets all procedural requirements and the enforcement actions are consistent with the nature and content of the title.
Contents (551.2)
- The person(s) to whom the execution is dispatched and the person(s) against whom it is dispatched.
- Whether it is dispatched jointly or severally.
- The amount, if any, for which execution is dispatched, including all concepts.
- Necessary details regarding the parties or the content of the execution.
Once the order is issued, the clerk decrees it on the same or the next business day. This decree includes:
- Specific executive measures.
- Measures for locating and investigating the debtor’s property.
- The content of the payment to be made to the debtor.
Dispatching the order authorizing execution cannot be appealed. However, opposition to the execution is possible. The decree issued by the Secretary is subject to direct judicial review, without suspensive effect, before the Court that issued the general order of execution.
Notice
The order and decree must be served concurrently with the execution or to the attorney for the execution.
Measures Applicable to Individuals Immediately Following the Order of Release of Execution
Denial of Enforcement Office (552)
Consolidation of Execution (555)
Order to Seize Property
This benefits the defendant and is applied if there is no agreement between the parties. The order of seizure applies to:
- Money or bank accounts of any kind.
- Credits and duties, bonds, securities, or other financial instruments admitted to trading on an official secondary market.
- Jewelry, art.
- Income in money, regardless of its origin.
- Interest income and fruits of all kinds.
- Movable or livestock, stocks, bonds, or securities not admitted to official listing and shares.
- Real estate.
- Salaries, wages, pensions, and income from professional and commercial activities.
- Credits, rights, and values achieved in the medium and long term.
Rearrest of companies may also be ordered:
Seizure of property previously seized in a separate process (610):
- Seized property or rights may be subject to rearrest. The party initiating the rearrest has the right to receive the proceeds from the realization of the assets, once the rights of the initial seizing party are satisfied.
- If, for any reason, the performer of the process in which the first rearrest was ordered is unable to continue, the performer of the subsequent process assumes the position of the first performer and may hold the rearrested assets. However, the party initiating the rearrest may request the forced realization of the assets without lifting the previous seizure(s).
- The performers of the processes in which the rearrest is ordered may request the court clerk to take measures to ensure this action.
Valuation of Property
If the seized goods are not those that should be directly delivered to the performer, nor are they shares or other forms of social participation, they shall be appraised, unless the performer and the executed party have agreed on their value before or after the execution. This not only guarantees the rights of the performer but also protects the rights of the debtor to prevent the sellout of assets. Three systems are used for valuation:
- Agreement between the parties.
- Expert valuation and approval by the judge.
Expert Valuation (638-639): An expert is appointed, and the appointment is notified to the parties. The clerk decides on the application, payment, and issuance of the expert opinion.
Execution Agreement
The agreement, approved by the clerk by decree, is reached by the parties and stakeholders in an execution procedure to agree on the most effective realization of the seized property.
Standing
Standing to request this agreement is not limited to the performer or the executed party but extends to any person who can prove a direct interest in the execution.
Form of Adoption of the Agreement
The agreement is adopted at a hearing ordered by the judge, after hearing the performer if requested. The hearing is only held if the judge finds no reasonable grounds to deny it. At the hearing, which others may attend at the invitation of the executing or executed party, attendees can propose any form of realization of the assets subject to execution. They can also present a person who is willing to acquire the property for a price higher than what could be achieved through a judicial auction. Other ways of fulfilling the performer’s right can also be proposed.
If an agreement is reached between the performer and the executed party to avoid harming third parties whose rights are protected by law, the judge will adopt it by decree and suspend execution against the property or assets in question. The judge will also approve the agreement with the same effect if it includes the suspension of compliance by parties other than the performer and the executed party, which would affect those parties.
When the agreement relates to registered property, the agreement of creditors and third-party holders who have registered their rights after the execution lien is required for approval.
If no agreement is reached, the hearing may be repeated when circumstances warrant it, according to the judge, to achieve the best possible realization of the property.
Statement of Opposition to the Provisional Execution
: 1) Opposition to the entire execution (528.1) because he has violated any procedural requirement or budget. Because the sentence of condemnation is not cash and it is impossible in the case of a run that temporarily return to the previous situation without damage and perjuicios.2 º) Opposition to specific executive actions, statements condemning an amount of money this opposition is allowed, (528.3) xo allows opposing executed when it believes that such actions would cause a situation absolutely impossible to restore or financial compensation by awarding damages and perjuicios.Al make this opposition the government will have q indicate other enforcement measures as well cm caución.Si offer alternative measures are not indicated or provide any security, the opposition shall not be decreed and the q x SJ cntra be rec. rev Direct