Legal Defense Against Enforcement Proceedings in Greece: Why Early Legal Action Matters
Panagiotis Kachrimanis, Lawyer
In Greece, enforcement proceedings (αναγκαστική εκτέλεση) allow creditors to forcibly collect debts through seizure and auction of a debtor’s assets, once they obtain an enforceable title—typically a payment order (διαταγή πληρωμής) issued by a court.
Many debtors fail to act when served with a payment order, mistakenly believing it to be a mere notification. However, this document is an enforceable title that can lead directly to asset seizure and auction if not contested in time.
Key Legal Remedies:
- Objection under Article 632 of the Greek Code of Civil Procedure (CCP):
- Must be filed within 15 working days of service.
- Challenges the validity of the payment order on substantive or procedural grounds.
- Can be combined with a petition for suspension of enforcement.
- Objection under Article 933 CCP:
- Targets procedural flaws in the enforcement actions (e.g., seizure, auction).
- Cannot challenge the debt itself or the payment order if the deadline for Article 632 objection has passed.
Consequences of Inaction:
- The payment order becomes final and enforceable.
- The debtor loses the right to challenge the debt.
- Legal defenses become limited and procedural.
Conclusion: Immediate legal consultation upon receiving a payment order is crucial. Delays can result in irreversible loss of property and limited legal recourse.