Appealing an enforcement officer’s actions

Appealing the actions of a private or state enforcement officer

Article 435 of the Code of Civil Procedure does not establish a general right of appeal against enforcement officers’ actions. Each person may challenge only the specific actions expressly identified in that provision. Under Article 435 the debtor may challenge a fine, enforcement against assets the debtor considers exempt from seizure, or the removal of movable property or eviction from real property on the ground that the debtor was not duly notified of enforcement. The debtor may also challenge the order on costs and the award order following a public sale, the latter on the ground that bidding was not properly conducted or the property was not awarded at the highest price offered.

The right to appeal exists only within the limits and on the grounds exhaustively set out in Article 435 of the Code of Civil Procedure.

Under the Code the legislature restricted appeals to specified acts, by specified persons and on specified statutory grounds. The provisions on appeals against acts or refusals of enforcement officers therefore cannot be interpreted expansively. See also the binding Interpretative Judgment No. 2 of 26.06.2015 in interpretative case No. 2/2013 of the General Assembly of the Civil and Commercial Colleges of the Supreme Court of Cassation.

The statutory lists of appealable acts and persons entitled to appeal are exhaustive. An act which the law does not list cannot therefore be reviewed by the court by way of such an appeal.

This article is not a legal opinion or advice on a particular situation or person, and the author makes no claim to cover appeals against enforcement officers’ actions exhaustively. For assistance in determining whether the actions of a private or state enforcement officer may be challenged, consult a civil lawyer specialising in enforcement.