Obtaining a duplicate writ of execution

Proceedings for a duplicate writ of execution under Article 409 of the Code of Civil Procedure are a special form of contentious civil proceedings. The court determines whether the original writ was lost or destroyed and whether the claim has been extinguished. The applicant bears the burden of fully proving the loss alleged as the basis for the request. The debtor may dispute the loss or destruction of the original writ and may also raise defences that the claim against them has been extinguished. In judgment No. 291 of 25.02.2015 in civil case No. 2988/2014, Third Civil Division, Civil Chamber, the Supreme Court of Cassation explains: “The defence under Article 409(3) of the Code of Civil Procedure that the respondent may and should raise against the application for a duplicate writ consists in invoking circumstances extinguishing the enforceable right that arose after its existence was established. Those circumstances may concern the existence of the substantive right recognised by the court or the possibility of enforcing it. Various grounds of extinction may be invoked, including the expiry of a limitation period; the debtor may also show that the enforcement creditor has been satisfied, including through compulsory enforcement.”

The purpose of a duplicate is to enable the enforcement creditor, usually represented by a lawyer, to exercise the right to compulsory enforcement when the absence of the original writ prevents this. Since these proceedings take place after the right to enforcement has already been established and a writ issued, the debtor may raise defences based on circumstances extinguishing the debt that arose after its existence was established (Article 409(3) of the Code of Civil Procedure).

This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance in an individual case, consult a lawyer.