13
Apr2018
Zahlung ohne Urteil der zweiten Instanz beantragen

Can I request that a debtor pay me without a second instance judgment?

Three years ago I took court action to claim an amount of money that someone owed to me, and it has not been until recently that we have obtained the judgment, which sentences the defendant to pay the claimed amount. However, the defendant did not agree with the judgment, and appealed with the intention of delaying the payment as much as possible.

I trust that the appeal is rejected, but I have been notified that the court will take a year and a half to issue their decision. I am fed up with this situation, and want my money back. Could I ask to receive the money, even if we do not have the judgment from the appeal court yet?

In principle, you could. Some years ago the law that governed the stages of court proceedings changed, and it was allowed to ask for the provisional enforcement of the first instance judgments, irrespective of what the appeal court can decide. Nevertheless, if the court accepts the appeal, you will have to pay the money back.

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