About enforced execution
When contracts and claims are not carried out voluntarily, you can petition for enforced execution of the claim, pursuant to rules laid down in the Legal Enforcement Act.
According to the Legal Enforcement Act, which cases are handled by Oslo County Court?
The most common types of cases handled by Oslo County Court pursuant to the Legal Enforcement Act are:
- compulsory sale
- distraint with a foreign basis for execution
- appeals of the execution and enforcement officer's decisions
- shutting off power
What is needed in order to petition for enforced execution?
In order to petition for enforced execution, you must have an enforceable basis for execution. The Act distinguishes between ordinary bases for execution (judgements or rulings) and special bases for execution(for example debt instruments, legal mortgages, distraint and tenancy agreements that fulfil certain requirements related to content).
When is the basis for execution enforceable?
A special basis for execution must be rendered enforceable by sending a notice to the opposing party prior to submitting a petition to the Court, whereas an ordinary basis for execution is enforceable without notice if it is less than one year old.
What must a petition for enforced execution contain?
Petitions for enforced execution must be submitted in writing in 4 complete copies with attachments, and must contain:
- complete name and address of both plaintiff and defendant
- plaintiff's Business Reg. No. or date of birth and telephone number
- defendant's Business Reg. No. or date of birth
- description of the basis for execution
- overview of the claim's composite parts if it is a monetary claim
A copy of the basis for execution and potential notice must be enclosed. It may also be necessary to enclose other documentation, depending on the type of case.
What is the cost of petitioning for enforced execution?
You must pay a fee in order to petition for enforced execution. The size of the fee will vary both according to how far the case has progressed and according to the form of enforced execution that is petitioned for. The fee will be invoiced in arrears from the State Fee Collection Agency in Brønnøysund. See fees and payment for a complete overview of fees.
The Court's decisions can be appealed. If you disagree with the decision, you can appeal the case to the Court of Appeal. The appeal deadline is 1 month starting from when the ruling is served, and you must pay a fee.