Verkställighet

Verkställighet is a term used chiefly in Swedish law for the process of enforcing a final, legally binding decision or obligation, by coercive means if necessary. It ensures that a creditor’s rights are realized when voluntary compliance fails. It covers enforcement of civil court judgments, administrative decisions, and other binding obligations such as debts or performance duties.

In Sweden, verkställighet is administered by the public authority Kronofogdemyndigheten under the Utsökningsbalken, the Enforcement Code. The process typically begins when a decision is final and the debtor has not complied. The authority assesses the claim, offers arrangements where possible, and, if needed, uses measures to secure or satisfy the claim.

Common enforcement measures include distraint or seizure of the debtor’s property, wage garnishment, seizure of bank accounts, or the forced sale of assets. The scope can extend to orders for performance, such as delivering goods or services, in addition to monetary claims. The aim is to achieve proportionate enforcement with respect for the debtor’s rights and for essential living needs.

The debtor has rights and safeguards in the process, including notification, access to information, and the possibility to appeal or challenge enforcement decisions. Certain property and income may be exempt or protected to ensure basic living standards; there are limits and procedural steps designed to prevent abuse.

Cross-border enforcement exists within the EU and through international treaties, facilitating recognition and execution of judgments across borders. Verkställighet remains a functional aspect of civil procedure, balancing creditor remedies with debtor protection, and is subject to ongoing reform and oversight.