Enforcement of Judicial Titles: How to Collect on a Final Judgment : Lexiel

Enforcement of Judicial Titles: How to Collect on a Final Judgment

Obtaining a favorable judgment is only half the battle. If the losing party does not comply voluntarily, the creditor must resort to enforcement. Enforcement of judicial titles is regulated by articles 517 to 570 of the LEC.

Enforceable Titles (Art. 517 LEC)

Article 517 LEC lists titles carrying enforcement: final condemnatory judgments, arbitral awards, judicial resolutions approving settlements, public deeds, commercial contract policies, bearer securities, deficit certificates, and criminal compensation orders.

Enforcement Deadline

The right to request enforcement expires after 5 years from the resolution becoming final (Art. 518 LEC). This is an expiration period that cannot be interrupted.

The Enforcement Application (Arts. 549-550 LEC)

The application must contain: the enforceable title, party identification, enforcement sought, debtor's known assets (or asset investigation request under Art. 590 LEC), and debt liquidation including principal, interest, and costs.

Opposition to Enforcement (Arts. 556-559 LEC)

The debtor may oppose within 10 days:

Judicial titles (Art. 556): payment, expiration, post-judgment agreements.

Non-judicial titles (Arts. 557-558): additionally, nullity, forgery, over-claim, prescription, set-off, release.

Procedural defects (Art. 559): lack of capacity, nullity, title inauthenticity.

Seizure (Arts. 584-633 LEC)

Seizure follows a legal priority order (Art. 592 LEC): cash/accounts, short-term credits, securities, valuables, income, movable property, immovable property, wages, long-term credits.

Exempt assets (Arts. 605-607): essential household items, professional tools, and the minimum wage (Art. 607 LEC, progressive scale for amounts above).

Asset investigation (Art. 590 LEC): the court may inquire with Tax Agency, Social Security, Property Registry, and Traffic Authority.

Auction (Arts. 634-675 LEC)

Electronic judicial auction via the BOE Auctions Portal: expert appraisal, 20-day notice, 20-day duration, 5% deposit. If the best bid falls below 50% of appraisal, the debtor may present a third party to improve within 10 days (Art. 670.4 LEC).

Mortgage Foreclosure (Arts. 681-698 LEC)

Title: registered mortgage deed. Limited opposition (Art. 695 LEC): guarantee extinction, amount error, unfair terms (post-CJEU Aziz case). Deserted auction: adjudication at 70% (habitual residence) or 50% (other property).

How Lexiel Automates Enforcement

Enforcement application with automatic interest liquidation and asset investigation request.
Interest calculation: legal (Art. 576 LEC) or default, with updated rates.
Opposition brief with pertinent Art. 556-559 grounds.
Salary seizure calculation applying Art. 607 LEC scale.
Opposing View to anticipate debtor's defense.

Conclusion

Enforcement is the decisive phase for creditor satisfaction. Deep knowledge of seizure, asset investigation, and auction mechanisms is essential. It is not enough to win -- you must know how to collect.

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