Assignment in liquidation of periodic penalty payment




Once a judge has made a decision in your favour, he or she can order a penalty payment for your opponent to enforce the decision. The penalty payment shall consist of a fixed sum of money payable per day of delay in the event of failure to comply with the decision by the fixed date. If your opponent still refuses to comply, despite the penalty payment fixed by the judge, you can seize the judge again in order to have the penalty payment liquidated, in other words, to have the amount due to you calculated as such. According to the wording of the decision rendered, the penalty payment must be presented either before the judge who rendered the decision if he reserved the right to liquidate the penalty payment, or before the enforcement judge of the High Court. It is then possible to ask for the pronouncement of a higher definitive penalty payment, in order to force the adversary to comply.


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