Courts play different roles depending on the jurisdiction and the type of claim. Understanding what courts can and cannot do is essential for creditors.
Many jurisdictions offer ex parte payment order procedures. Germany's Mahnverfahren, France's injonction de payer, Spain's proceso monitorio, and Poland's EPU all issue orders without hearing the debtor. No objection means an enforceable title without trial.
In common law jurisdictions (UK, Singapore, Hong Kong), summary judgment allows the creditor to obtain judgment without trial where the debtor has no triable defence.
For disputed claims, timelines vary dramatically: 6-12 months in Germany, 12-18 months in Spain, 18-36+ months in Italy.
After judgment, courts authorise enforcement measures: bank account seizure, salary garnishment, property attachment, and sale by auction.
Courts oversee insolvency proceedings that determine how debtor assets are distributed among creditors. Filing for insolvency is the creditor's ultimate enforcement tool.
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