SWEDEN Trends and Developments Contributed by: Jerker Kjellander, Matilda Kronqvist and Selma Beganovic, Vinge
Vinge Östergatan 30 Box 4255 203 13 Malmö Sweden Tel: (+46) 010 614 5500 Email: jerker.kjellander@vinge.se Web: www.vinge.se
When deciding to initiate legal proceedings, the most important practical question to consider is whether a judgment can actually be enforced. If this is unlikely, no robust case, strong evidence or brilliant advo - cacy will serve you, except, perhaps, from a moral perspective. If an examination of available assets reveals that enforcement needs to take place, partly or fully, in another country, then enforcement will need to be possible there. This can give rise to challenges, although this is generally not the case if that country is Sweden. Enforcement in Sweden The Swedish Enforcement Agency can help to collect a debt, carry out evictions, repossess or remove prop - erty, and sell real estate and property for debt collec - tion purposes, among other things. Applications are easy and inexpensive, and in urgent cases the public authority can act quickly. The process is expedited if information on the person subject to the claim can be provided in the application (eg, personal details such as details on employers, real estate assets, etc). In more complicated cases, the Enforcement Agency should be contacted ahead of making a submission to give advance notice and time to make practical preparations. Typically, in complex cases where, for example, large assets of a company are seized, the applicant will be assigned a senior enforcement officer assisted by a team of executors to conduct the enforcement. This officer is usually open to discuss and take note of tips regard - ing potential assets and provide information on the enforcement process and standard procedures on contacting banks and visits to the home/premises of the debtor.
In most cases, the party against whom the claim for enforcement is directed is allowed to comment. Thereafter, the Enforcement Agency conducts an investigation into assets. Based on this, the public authority then seizes cash, financial instruments, mov - able and fixed assets and, to the extent necessary, monthly wage garnishment takes place. The public authority works with the case until the entire claim has been executed, unless the application is explicitly withdrawn by the applicant. In 2022, a new legal provision was introduced allowing the Enforcement Agency to commission the police to execute enforcement if a person who is stopped by the police (for cause or a routine check) has debts registered with the Agency. Typically, this applies to cash, cars, jewellery or expensive watches in the pos - session of debtors who, in communications with the Enforcement Agency, have claimed to have no pos - sessions of value. Enforcement via the Agency remains a very dynamic and cost-efficient way of executing foreign and domes - tic court judgments and arbitral awards, although offi - cial procedures can, on occasion, be burdensome. Sweden opted to participate in hearings via video link in 2008, and this has since been deemed legally equiv - alent to being present in court in person. Although still pretty rare in major civil litigation cases, hybrid hear - ings have become increasingly common, and the use of digital tools at any stage of proceedings when it comes to enforceability of judgments in Sweden is not an issue. Virtual Hearings General courts
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