September 2022

Judgment of the Corfu Court of First Instance on the Annulment of the Compulsory Seizure Report

The decision No. 1040/2022 of the Single Judge Court of First Instance of Corfu was issued, which annulled a report of forced seizure, under which an auction was being conducted against our client's property. The appeal was upheld on the grounds of a formal defect in the enforcement procedure which the debt management company (Servicer) accelerated. As we have mentioned in many of our articles, both the procedure for issuing a payment order and the enforcement procedure are highly formal procedures, with the result that not only substantive reasons, but also purely formal reasons, can lead to the invalidity of the respective acts. As has rightly been pointed out, the procedure of litigation is inextricably linked to formality. The need for formulas is dictated by the procedural position of the parties, not only vis-à-vis each other but also vis-à-vis the court, since formulas prevent surprises and errors, while ensuring that there is a certain order and method in the path to knowledge and judgment.

(for more see here and here)