You spent months in court. Spent on a lawyer, on fees, on time. Won. You have the judgment. Started enforcement. And then... nothing.
The bailiff says: "sir, I checked, the debtor has nothing in their name. No accounts, no real estate, no cars. Nothing to seize." And you look at that beautiful judgment, now worth about as much as old paper.
Maximum frustration moment. But hold on. It doesn't mean it's over. It means you need to dig deeper.
Why "has nothing" isn't always true
Some debtors genuinely have nothing. But many — and here I mean the majority of "no assets" cases — transferred the assets. To the wife, to the father-in-law, to a connected company, to a friend. Officially, they have nothing. Practically, they live well.
This is called "fraud against enforcement" and it's more common than you think. The bailiff checks official registries — but official registries show only what's registered now. Not what was transferred 6 months ago, right before you lost the case.
Step 1: Request a detailed report from the bailiff
The bailiff is required to check: real estate, vehicles, bank accounts, shares. Request the written report of checks. Don't settle for "I checked, found nothing." I want to see what was checked, when, and what was found (or not found).
If the bailiff refuses to give a detailed report — you can request another bailiff. Yes, you have the right to change.
Step 2: Check the history of assets
Here's where investigation comes in. Assets don't vanish overnight — they're transferred. And transfers leave traces.
Check:
- Real estate — did they have a house, an apartment? When did they sell? To whom? At what price? A transfer 3 months before the lawsuit, to a relative, at a ridiculously low price — red flag.
- Vehicles — did they have cars? When were they disposed of?
- Bank accounts — were accounts recently closed? Money moved where?
This information can be obtained through the bailiff (based on the judgment) or through a lawyer who knows what to look for.
Step 3: Revocatory action (Paulian action)
Here's where it gets interesting. If the debtor transferred assets to evade enforcement, you can challenge the transfer deeds by which assets were moved.
The revocatory (or Paulian) action allows you to ask the court to nullify the transfer — meaning return the asset to the debtor's estate, so it can be seized.
Conditions:
- The transfer was made after your claim arose
- The debtor knew (or should have known) that by transferring they were evading payment
- The third party who received the asset acted in fraud of creditors (or, for gratuitous transfers — e.g., gift to relative — it's enough that it was received for free)
If the third party bought the asset at real price, in good faith, without knowing about the fraud — harder. But if received for free (gift to relative), or at a price that makes no sense — you have chances.
Step 4: Liability of shareholders / administrators
If the debtor is an LLC that "has nothing," check:
- Was share capital fully paid in? If not — shareholders are liable for the difference
- Did the administrator commingle company assets with personal ones? If yes — personal liability
- Were assets transferred to another company of the same shareholders? The chain of facts can be challenged
These are more complex procedures, but a lawyer with recovery experience knows them.
Step 5: Pursuing future income
Even if the debtor has nothing now, they may have income tomorrow. Enforcement can target:
- Salary — if they get a job, the bailiff can garnish a fraction of wages
- Pension — if they retire, fraction of pension
- Future income from rent, royalties, dividends
The judgment doesn't expire immediately. It can be enforced over years, as the debtor regains income.
Step 6: Insolvency — double-edged weapon
If the debtor is a company with nothing but significant debts, you can initiate (or participate in) insolvency proceedings. The advantage: the liquidator has greater investigative powers than the bailiff — can request documents, challenge asset transfers, hold administrators accountable.
The disadvantage: it's a long, complex procedure, and you're on the creditor list (usually the last category). But sometimes it's the only way to surface hidden assets.
When to let it go
Honestly, there are cases where the debtor truly has nothing. Didn't transfer, didn't hide — simply has nothing. In these cases, any investment of time and money in investigation is wasted.
How do you tell the difference between "has nothing hidden" and "transferred everything"? Experience. A recovery professional can make a quick assessment — and tell you: "here it's worth digging, here it isn't."
How we help
We don't work on the amount in the judgment. We work on what can actually be recovered. If the debtor has nothing and transferred nothing — we tell you honestly. If they transferred — we find it, challenge the transfer, and recover.
Our model: success fee. No recovery, no fee. That means we can't afford to waste time on hopeless cases — but on those with potential, we pursue with full energy.
If you have a judgment where "there's nothing to seize" — contact us. Things might not be what they seem.