Suspension and Statute of Limitations on Debt Collection in 2026: How to Legally Resolve Debt Collection Proceedings

Enforcement proceedings may bestayed if the enforcement order is invalid, the debt has been paid, the statute of limitations has expired, or there is another legal ground. You must explicitly raise the statute of limitations as a defense—the court does not automatically take it into account. A motion to suspend enforcement is filed with the enforcement officer and must include specific legal arguments and evidence. Wage garnishment can be addressed by reviewing the deductions, raising a statute of limitations defense, filing a motion to stay enforcement, or through debt relief. However, each case is unique—specific dates, deadlines, and the contents of the enforcement file are decisive.

Not sure if your enforcement proceeding is justified? We’d be happy to help —we’ll review the enforcement order, deadlines, and the enforcement officer’s procedures, and suggest next steps.

What Is Enforcement Proceedings and When Do They Begin?

Enforcement proceedings are the stage of debt collection that begins after a creditor obtains a so-called enforcement order—for example, a final judgment, a payment order, or a notarial deed with an enforcement clause. If the debtor fails to voluntarily fulfill the obligation imposed by a court decision, the creditor may file a motion to initiate enforcement proceedings, and the case is assigned to a court-appointed enforcement officer.

The enforcement officer has powers established by law. They may garnish wages, freeze a bank account, or seize real estate or personal property. It is precisely at this stage that people often ask how to avoid enforcement, as the impact on their lives tends to be very significant.

It is important to distinguish between the debt itself and the enforcement proceedings. The debt may have arisen many years ago, but enforcement proceedings may not be initiated until later. This is particularly important when assessing the statute of limitations. Many debtors are also unaware that even after enforcement proceedings have begun, there are legal defenses available—enforcement is not a final, irreversible outcome.

If you’re unsure of the basis for your enforcement proceedings, we recommend first reviewing the enforcement order itself and the course of the proceedings. This is often where an opportunity to halt enforcement arises. We’d be happy to help you with this—just contact us.

Stopping Enforcement Proceedings: When It’s Possible and on What Grounds

Stopping enforcement is a legal process that terminates the enforcement proceedings. It is not a pardon or an agreement “on good faith,” but a legal decision by a court or an enforcement officer based on specific grounds set forth by law.

Enforcement proceedings may be suspended, for example, when:

• the debt has already been paid,
• the enforcement order is invalid or has been revoked,
• the obligation has been extinguished in some other way,
• the right has become time-barred,
• there is another legal ground under the Civil Procedure Code.

From our own experience with clients, we know that enforcement proceedings often turn out to have been initiated on the basis of an erroneous or invalid decision—typically in the case of older arbitration awards. In such a situation, a motion to stay enforcement can be a very effective defense, which may even lead to the complete termination of the enforcement proceedings.

However, it is important that the motion be drafted correctly and clearly from a legal standpoint. It is not enough to simply state that the debt is old or that you lack the means to pay. The court always evaluates the specific grounds and evidence. If the arguments have a solid legal basis, the chances of halting the enforcement proceedings increase significantly. We know how to draft such a motion, and we’d be happy to help you.

For example, we handled a case involving a client against whom enforcement proceedings had been ongoing for nearly ten years. In the meantime, the debt had grown significantly due to costs and interest, and the client believed there was nothing that could be done about it. However, after a detailed analysis of the case file, we discovered that the enforcement was based on an arbitration clause that was invalid under current case law. We therefore prepared a well-reasoned motion to stay the enforcement proceedings, in which we provided a detailed legal justification for the invalidity. The court accepted our arguments and stayed the enforcement proceedings.

Situations like this are not uncommon, but the key lies in sound legal reasoning. If a motion is not sufficiently substantiated or contains procedural errors, it may be denied—and the enforcement proceedings will be unnecessarily prolonged. Therefore, if you are considering halting enforcement proceedings, we recommend consulting an expert who can assess your chances and prepare a motion that has a realistic chance of success.

Statute of Limitations on Enforcement: When Debt Collection May Fail

The statute of limitations on debt collection does not mean that the debt automatically disappears after a certain period of time. It means that if the creditor did not enforce their right in a timely manner, you can raise a statute of limitations defense, and the court may then halt the debt collection proceedings. However, it is crucial to know exactly what is time-barred and when the statute of limitations began to run.

The most common scenarios in practice:

1. First, a debt arose (e.g., an unpaid loan).
2. The creditor obtained a judgment—thereby creating what is known as an “enforcement order.”
3. Only then was enforcement initiated.

For a final court decision, there is generally a ten-year statute of limitations for enforcement. This period begins on the date the judgment was to be fulfilled. If the creditor does not file a petition for enforcement during this time, their right may be barred by the statute of limitations.

But be aware of one crucial point: Filing a petition for enforcement interrupts the running of the statute of limitations.

Another common situation: Enforcement proceedings were initiated, but nothing has happened for years. People think that if enforcement proceedings are “dormant,” they are automatically barred by the statute of limitations. But that is not true. As long as the enforcement proceedings are formally ongoing and actions aimed at collection are being taken, the statute of limitations generally does not run.

How to Find Out If Your Enforcement Case May Be Barred by the Statute of Limitations

The procedure is specific and requires reviewing the case file:

1. Determine the date the enforcement order (e.g., a judgment) became enforceable.
2. Determine when the petition for enforcement was filed.
3. Verify whether and when the statute of limitations was suspended.
4. Check whether there was a long period of inactivity without legal effect between the individual steps.

Without this information, the statute of limitations cannot be properly assessed. An experienced attorney knows what to look out for and what to check.

How the Statute of Limitations Is Applied in Practice

The court does not automatically consider the statute of limitations. You must expressly raise this defense, typically through a motion to stay enforcement, in which you specify:

• specific dates,
• the relevant legal provisions,
• the calculation of the statute of limitations period,
• a claim that the right is barred by the statute of limitations.

It is not enough to simply write “the enforcement is old.” You must accurately calculate the period and provide evidence as to why it was not interrupted.

A properly raised statute of limitations defense can indeed lead to the termination of enforcement proceedings. However, an incorrectly calculated statute of limitations period will result in the dismissal of the motion and the continuation of enforcement proceedings.

Therefore, if you are trying to figure out how to stop enforcement proceedings and are considering the statute of limitations, we recommend first conducting a detailed review of the case file and performing an accurate legal calculation. This is often where the success or failure of the entire defense is decided.

Motion to Stay Enforcement: How to Proceed

A motion to stay enforcement proceedings is filed with the enforcement officer presiding over the case. As a rule, the debtor must file it within 15 days of learning of the grounds for the stay (for example, that the debt has been paid, the enforcement order has been revoked, etc.). The enforcement officer will request statements from the other parties regarding the motion, and if they agree to the suspension, the enforcement officer may suspend the enforcement proceedings on their own; otherwise, the motion will be referred to the enforcement court for a decision.

The motion should include:

• the enforcement case number,
• the bailiff’s identification,
• a precise description of the reason for the suspension,
• legal reasoning,
• evidence (e.g., proof of payment),
• proposed ruling.

The court will then invite the other party to respond and render a decision. If the motion is insufficient or improperly drafted, it may be dismissed.

In practice, we often see that petitions filed by laypeople are unsuccessful because they lack sufficient legal reasoning. Yet a properly filed petition can bring an end to enforcement proceedings.

If you are unsure how to proceed, it is advisable to seek assistance with the enforcement proceedings. A professionally prepared petition significantly increases the chances of success.

Suspension of Enforcement Due to Lack of Assets

Suspension of enforcement due to lack of assets is considered when it is clear that the debtor has no attachable assets and further enforcement is futile. After a certain period of unsuccessful collection, the enforcement officer may propose suspending the proceedings.

However, it is important to emphasize that suspension due to lack of assets does not mean the debt is extinguished. Under certain circumstances, the creditor may reinitiate enforcement if the debtor’s financial situation improves.

In practice, this provision is used primarily in long-term enforcement proceedings that have yielded no results. For the debtor, this may provide relief from the costs of further proceedings.

However, it is always necessary to assess on a case-by-case basis whether the conditions are met. Not every instance of lack of assets automatically leads to a stay of enforcement.

How to Stop Wage Garnishment

One of the most common forms of debt collection is wage garnishment. If you’re trying to figure out how to stop wage garnishment, you must first verify whether the garnishments are being carried out correctly.

The law establishes a so-called “non-garnishable amount” that must remain with the debtor. Furthermore, a distinction is made between priority and non-priority claims. In cases of multiple enforcement actions, deductions are allocated according to statutory rules.

For a rough estimate of the deductions, you can also use the Ministry of Justice’s official calculator for calculating wage garnishments. This calculator takes into account the rules effective as of January 1, 2026, including the current amounts used to calculate the non-garnishable portion and the garnishable portion of net wages.

Possible solutions include:

• filing a motion to stay enforcement,
• raising a statute of limitations defense,
• reaching an agreement with the creditor,
• filing a petition for debt relief.

If wage garnishments are carried out in violation of the law—for example, if the exempt portion is calculated incorrectly or if claims are misclassified—you can defend yourself. In practice, we very often encounter situations where the employer or accountant relies on inaccurate information, leaving the debtor with less money than they are legally entitled to.

Checking the calculation of deductions and assessing whether the debt collector’s procedure is correct are among the most common reasons why clients seek our help with debt collection. We’ll review your situation and suggest the next steps—whether that means correcting an incorrect calculation, filing a motion to stay the enforcement proceedings, or pursuing another form of defense.

Every situation is different. Sometimes it’s realistic to achieve a complete halt to enforcement; other times, the goal is at least to reduce the impact of garnishments on the family budget.

What Options Do You Have?

There is no one-size-fits-all answer to the question of how to avoid debt enforcement. Your options depend on the legal basis for the debt, how old the debt is, and the debtor’s financial situation.

The main approaches include:

It’s important not to just sit back and wait. Debt collection proceedings can take years, but taking an active approach often leads to a solution. Every debt collection case has its own legal history. If you want to know how to resolve your debt collection case in your specific situation, contact us —we’ll quickly assess your situation and propose a concrete solution.

Summary

Enforcement proceedings begin after a creditor obtains an enforcement order and contacts a bailiff, who may garnish wages, freeze a bank account, or seize assets. However, it is possible to resolve enforcement proceedings—most commonly through a stay of enforcement, a statute of limitations defense, an agreement with the creditor, or debt relief. Suspension of enforcement may be considered, for example, when the debt has been paid, the enforcement order is invalid, or the right to enforce has expired; however, it is always necessary to file a well-prepared motion to suspend enforcement with specific legal arguments and evidence. In cases involving the statute of limitations, it is crucial to correctly calculate the duration of the limitation period, determine whether it has been interrupted, and explicitly raise the objection; otherwise, the court will not take it into account. Another specific option is the suspension of enforcement due to lack of assets, which, however, does not automatically extinguish the debt. If you are trying to determine how to stop wage garnishment, it is necessary to verify the accuracy of the deductions and the calculation of the non-garnishable portion of your wages.