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Successful Compulsory Execution for Unpaid Alimony Following a Divorce and Adultery Lawsuit

26-06-10 129

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1. Case Overview

The client filed and won a lawsuit for divorce and alimony due to the misconduct of their spouse and a third party. The client subsequently secured the right of execution by obtaining a decision confirming the litigation costs. However, despite the court's ruling, the opposing party refused to voluntarily pay the alimony and legal fees. In response, Law Firm Theo initiated compulsory execution procedures to practically realize the client's rights.

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2. Unique Aspects of the Case

This case goes beyond simply winning an adultery lawsuit; it is a case where actual financial recovery was pursued against a debtor who refused payment even after the ruling. Notably, to secure the entire amount of the claim - including the principal alimony, delayed interest, litigation costs, and execution costs - a compulsory execution was executed based on an investigation of deposit claims against multiple financial institutions. It is characterized by the establishment of a broad attachment strategy to maximize the possibility of actual recovery.

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3. Attorney Assistance

Based on the divorce and alimony judgment and the decision confirming the litigation costs, Law Firm Theo accurately calculated the claim amount and filed for a collection order and attachment against major commercial banks where the debtor's deposit claims were likely to exist. Rather than just obtaining a judgment, we focused on increasing the likelihood of collection by strategically proceeding to the compulsory execution stage so that the client could actually recover the compensation.

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4. Result of Assistance

The court accepted the creditor's application and cited the attachment and collection order for the deposit claims held by the debtor at multiple financial institutions. The court ordered the financial institutions, as third-party debtors, to prohibit payment to the debtor and allowed the creditor to collect directly. Through this, the client secured a powerful means of execution for actual financial recovery, not just a simple victorious judgment. Law Firm Theo successfully established a case of practical rights relief that took responsibility all the way to the collection stage post-judgment.

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