BEING SERIOUSLY ILL, CAN I POSTPONE THE EXECUTION OF CIVIL JUDGMENTS?

FDVN’opinions:

Thank you for trusting and sending questions to FDVN Law Firm (“FDVN”), after researching the legal regulations, we have the following information to exchange:

Firstly, cases where civil judgment enforcement is postponed

According to the provisions of Clause 1, Article 48 of the Law on Civil Judgment Execution 2008, as amended by Clause 21, Article 1 of the 2014 Amended Law on Civil Judgment Execution, cases of postponement of judgment execution are as follows:

Heads of civil judgment enforcement agencies may issue decisions to postpone judgment enforcement in the following cases:

+ The judgment debtor falls seriously ill as certified by a medical establishment of district or higher level, or has entirely or partially lost his/her civil act capacity under a court decision;

+ Judgment debtors’ addresses have not yet been identified, or judgment debtors cannot fulfill by themselves their obligations under the judgments or decisions for other plausible reasons;

+ Involved parties agree to postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor shall bear no interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties.

+ Assets for judgment enforcement are accepted by a court for handling under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than enforcement expenses and secured obligations upon the reduction of their prices under regulation;

+ The judgment enforcement is in the period for competent agencies to explain judgments and decisions and respond to recommendations of civil judgment enforcement agencies under Point b, Clause 2, Article 170 and Clause 2, Article 179 of this Law.

+ Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to show up to receive;

Thus, in order to postpone the execution of civil judgments in case of serious illness, you need a certification from a district-level medical facility or higher.

Secondly, the order and procedures for requesting postponement of civil judgment enforcement

You need a written request for completion of civil judgment enforcement and a written certification from a medical facility at the district level or higher in case you are seriously ill. The time limit for issuing a decision to postpone judgment execution is 05 working days from the date on which there are grounds to postpone judgment execution.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you!

Ho Thi Thuong – FDVN Law Firm.

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