Staying enforcement when an application is made to set aside a final judgment

A stay of enforcement is a temporary prohibition on taking procedural steps in an enforcement case. It lasts until the obstacles to continuing enforcement cease to exist.

Article 432(1) of the Code of Civil Procedure provides for a stay in the following circumstances: by order of the court in the cases under Article 245(1) and (2) (stay of provisional enforcement), Article 309(1) (application to set aside a final judgment), Article 397(1), point 3 (interim protective measures), Article 438 (appeals in the cases prescribed by law) and Article 524 (stay of delivery of possession); at the enforcement creditor’s request; in the cases under Article 229(1), points 2 and 3, except for a sale of immovable property that has already been announced; in the cases referred to in Article 82 as cited incompletely in the original (the cross-reference in Article 432(1), point 4, of the Code is to Article 282(2)), as well as where the Supreme Court of Cassation sets aside the appellate judgment under appeal; in the cases under Article 624b or Article 627b(2); and in other cases expressly provided for by law.

In particular, filing an application to set aside a judgment under Article 303 and the following provisions is not, by itself, a ground for a private or state enforcement officer to stay enforcement. A stay on that ground requires an order by the Supreme Court of Cassation under Article 309(1) in conjunction with Article 282(2) of the Code of Civil Procedure.

Obtaining a stay of enforcement calls for legal assistance from a lawyer experienced in civil law. This article is not a legal opinion or advice about a specific situation, person or case. For assistance in a similar case, consult a civil lawyer.