Art. 1082 of the Code of Civil Procedure provides for granting an enforcement clause to an enforcement order which awards maintenance. According to it, the court gives the enforcement clause ex officio to the writ of execution, which awards maintenance. The writ of execution is then served on the creditor ex officio. This title can be either a judgment, an order or a court settlement.
The commented article modifies the provisions of Art. 782 of the Code of Civil Procedure, according to which the enforcement clause is issued by a single court at the request of the creditor. Pursuant to this provision, an enforcement order issued in proceedings that was or could have been initiated ex officio is given an ex officio enforceability clause by the court, and a payment order issued in an electronic writ proceedings is subject to an ex officio enforcement clause immediately after it becomes final. This means that in matters relating to maintenance, Art. 782 of the Code of Civil Procedure does not apply.
In cases where maintenance has been awarded, enforcement may be initiated ex officio in accordance with Art. 1085 of the Code of Civil Procedure at the request of the court of first instance that heard the case. Such a request is addressed to the competent enforcement authority.
It is also possible to initiate execution upon request. Art. 1081 § 1 of the Code of Civil Procedure says that if enforcement concerns maintenance or an annuity in the nature of maintenance payments, the application for enforcement may also be submitted to the bailiff of the court having jurisdiction over the creditor’s place of residence.
The order of immediate enforceability should be distinguished from the enforcement clause. Applying such a rigor makes the decision enforceable, even though it is not final. Only then is it possible to apply to the bailiff with a request to initiate enforcement, even if the deadline for appealing the judgment has not expired.
According to Art. 333 of the Code of Civil Procedure, the court ex officio (i.e. without the claimant’s or the defendant’s request) imposes the order of immediate enforceability if it awards maintenance – in terms of installments payable after the day the claim is brought. However, as for the installments payable before bringing the action – for a period not longer than three months.
In order to start the recovery of maintenance, you must submit an application for the initiation of the recovery of maintenance and an enforcement order (judgment with an enforcement clause). These documents are submitted to the court bailiff in whose district the debtor or creditor lives.