Enforcement appeal

The main remedy against enforcement proceedings is filing an appeal to a district court. As a rule, all enforcement measures taken, proceedings instituted and decisions made by enforcement officers in matters such as garnishment, distraint, auctions and remittances are subject to appeal. The enforcement officer must state whether the measure or decision is subject to appeal and provide instructions for appeal.

The right of appeal applies to those whose rights are affected by the enforcement measure or decision. In other words, the measure or decision has to concern the rights of the appellant. The right of appeal normally concerns the debtor, but may also apply to, for example creditors, third parties or enforcement auction customers.

The appeal period is three weeks

The deadline for filing appeals is three weeks. The appeal period begins from the date of the enforcement measure or decision, provided that the interested party has been notified of it in advance or attended the proceedings. In other cases, the appeal deadline is calculated from the date on which the party was notified of the measure or decision. The deadline for appeals concerning auctions is calculated from the date of the sale.

Measures and decisions are no longer subject to appeal after the garnished or distrained funds have been remitted to the creditor by the enforcement authority.

Address the appeal to National Enforcement Authority Finland

Appeals must be lodged in writing. Appeals are addressed to the district court but must be delivered to the enforcement authority by the end of business hours on the final day of the appeal period. Appeals can be submitted in writing or as an electronic message. The enforcement officer will deliver the appeal to the district court that has jurisdiction over the debtor’s domicile or habitual residence.

The appeal must indicate the enforcement measure taken or decision made by an enforcement officer that is being appealed. It must also state the appellant’s claim and the grounds on which it is based. In many cases, the claim is that the enforcement officer’s decision should be repealed.

Effect of appeals on the enforcement procedure

Lodging an appeal will not stay enforcement. However, the appellant can request the court hearing the appeal to stay the enforcement, such as the sale of distrained assets or remittance of garnished or distrained funds to creditors by the enforcement authority. If the statutory requirements for staying enforcement are met, the court can stay the enforcement in part or in full. Enforcement measures already taken will nevertheless remain in force unless the court orders their reversal.

If the court accepts the appeal, enforcement measures taken or decisions made by the enforcement officer can be amended or reversed. If distraint or garnishment is reversed, the enforcement officer will take immediate action to cancel it.

The decisions of district courts can be appealed to the Court of Appeal. The final instance in enforcement appeals is the Supreme Court.

Fee for court proceedings

Hearing an appeal under the Enforcement Code in a district court is subject to a €310 court fee. The fee is waived if the court orders the enforcement officer’s decision to be amended in favour of the appellant. The fee is also waived for individuals exempted from handling charges pursuant to the Legal Aid Act.