The concept of enforcement order refers to the act that legitimizes the administration to proceed against the property of the debtor. When there is a tax debt, for example, the management bodies of the Tax Agency use this system to collect the debt once the voluntary payment period has ended.
There is an enforcement surcharge of 20% on the debt, and in addition the enforcement order generates default interest as a consequence of the accumulated delay in the payment of the debt. It can be reduced to 10% in the case of paying it before the communication of the enforcement order and without late payment interest for the executive period.
What is the enforcement order?
The notification of the enforcement order must have the complete text of the act, the proceeding resources and the agencies before which the corresponding appeals must be presented with their time limits, in addition to the period of time to make the entry and the notice of seizure of not make the payment.
The enforcement order will be annulled when the payment of the debt is made or a guarantee is presented, which is usually a aval of a financial institution. Other situations in which it is without effect is when the debt is prescribed, due to the lack of regulatory notification, the granting of postponement or the omission of the province of enforcement.
To ensure collection by means of constraint, the administration has the possibility of decreeing precautionary measures in case there are signs of risk for the debt copper. There is the possibility of specifying a lien of the rights or assets of the debtor or withholding the payment of returns, among other things.
Once the terms have elapsed and the payment of the debt is not made, an order of seizure of the debtor's assets will be ordered to collect interest, surcharge, credit and the costs of the process.