You won in court but the debtor won't pay: how the Bureau of Compulsory Enforcement works

If a judgment has taken effect and the debtor still does not pay, collection passes to the Bureau of Compulsory Enforcement (BCE). A state enforcement officer can freeze the debtor's accounts and property, deduct part of their salary and bar them from leaving the country. Your job is to hand over the writ of execution on time, point the officer to the debtor's assets and keep an eye on progress. Below: how it works, which deadlines apply and what to do if the officer does nothing.

What is the BCE and who will handle your case

The Bureau of Compulsory Enforcement is a state body under the Prosecutor General's Office. It enforces court judgments and acts of other authorities. Cases are handled by state enforcement officers in district (city) offices. Large claims go to the regional departments (from 50,000 to 100,000 BCA, base calculation amounts) and to the central office (100,000 BCA and above) (Article 8¹ of the Law "On the Execution of Judicial Acts and Acts of Other Bodies", "the Law").

Enforcement takes place where the debtor lives or works, or where their property is located (Article 25 of the Law). If the debtor moves, the officer forwards the case to the relevant office.

How to obtain a writ of execution

A judgment is enforced once it takes legal effect. Usually that happens when the one-month appeal period has expired or, if an appeal was filed, after it has been heard (Articles 264 and 385¹ of the Civil Procedure Code).

1. Within five days after the judgment takes effect, the court issues the writ of execution or, at your request, sends it directly to the enforcement officer (Article 448 of the Civil Procedure Code).
2. Individuals receive the writ as an electronic document in their personal account on my.gov.uz. If you have no account, you receive it on paper.
3. Check the details: the debtor's surname, date of birth, address and personal identification number (PINFL), and the amount. If there is an error, the officer will return the writ within three days (Articles 8 and 24 of the Law), and you will have to wait for the court to correct it.

A court order is itself an enforcement document: it can be enforced 10 days after it is issued.

How to submit the writ to the BCE

File an application for compulsory enforcement with the BCE office for the debtor's place of residence and attach the writ. In the application, include:

• your bank account details for the transfer of the money;
• everything you know about the debtor's assets: car, flat, employer, banks, business stakes;
• a request to list and freeze the property immediately — the officer may do this at the same time as opening the case (Article 23 of the Law);
• a request to restrict the debtor from leaving Uzbekistan.

You can follow the case online. my.gov.uz offers BCE services for the parties: you can see case details and send a request to the officer. Debts and restrictions are also shown on mib.uz and in the MIB.UZ app. The BCE call centre on 1107 answers questions. Check with the office or on 1107 whether the writ itself can be submitted electronically.

Which deadlines apply

• Three years to submit the writ for enforcement, counted from the date the judgment took effect (Article 27 of the Law). The period is interrupted when you submit the writ and when the debtor pays part of the debt. If the writ is returned because collection proved impossible, the three years start again from the date of return (Article 28). A missed deadline can be restored through the court (Article 29).
• One working day for opening the enforcement case after the writ arrives (Article 23).
• Up to 15 days — the period the officer gives the debtor to pay voluntarily (Article 23).
• Two months for enforcement action after that period ends (Article 30). But if the officer misses it, the case is not closed.

What does it cost the creditor

The main charge in enforcement proceedings — the enforcement fee — is collected not from you but from the debtor (Article 77¹ of the Law): 5% of the amount if it does not exceed 1,000 BCA (440 million soums), and 2% if it does (Presidential Decree No. UP-6118 of 24 November 2020).

Example. Suppose the court awarded you 30 million soums. If the debtor does not pay within the voluntary period, an enforcement fee of 1.5 million soums is collected from them on top. You receive your 30 million.

The creditor may advance the costs of enforcement action (Article 76 of the Law). For ordinary debts, a search for the debtor or their property is launched only if the creditor agrees to pay the costs in advance (Article 42). Those costs are later recovered from the debtor.

What the enforcement officer can do

Enforcement measures are listed in Article 46 of the Law, and the officer's powers in Article 84.

• Freezing and debiting money in bank accounts and deposits, and collection orders against the accounts of the debtor and those who owe the debtor money.
• Seizing and selling property: cars, real estate, valuables. Seized property is sold at electronic online auctions.
• Deductions from salary, pension and other income — no more than 50% (Article 66).
• Collecting debts owed to the debtor and their property rights.
• A temporary restriction on leaving Uzbekistan — at your request or on the officer's initiative, if the debtor has failed to comply without good reason (Article 42¹).
• Requests to state bodies, banks and organisations about the debtor's income and assets.
• A search for the debtor and their property (Article 42).

There are limits. The only home in which the debtor or their family permanently lives cannot be taken unless it is mortgaged; a court may allow enforcement against part of the house only (Article 52). Household items needed for everyday life are not seized either.

A debtor who hides or sells seized property or obstructs enforcement faces administrative and, in some cases, criminal liability (in particular under Articles 232¹ and 233 of the Criminal Code).

What to do if the enforcement officer does nothing

Two months have passed, there is no money and you have heard nothing about any measures? Act step by step.

1. Review the file. The creditor has the right to study the case file, take copies, file motions and provide additional information (Article 11 of the Law). See which requests were sent and what replies came back.
2. File a written motion with specific requests: obtain information from banks and on vehicles, seize a particular car, restrict travel, launch a search.
3. Complain up the chain — to the senior or chief state enforcement officer, or the higher BCE body.
4. Go to the administrative court for the officer's location. A complaint against a decision, action or inaction must be filed within 10 days of the day you learned of the violation (Article 86¹ of the Law).
5. Contact the prosecutor's office: a prosecutor can file a protest against the officer's decision.

Example. You know the debtor owns a car, but for three months the officer has done nothing beyond requests to a bank. File a motion to seize the car, giving its registration number and where it is parked. If nothing happens, challenge the inaction in the administrative court within 10 days.

If there is nothing to collect

If no address, property or money can be found, the case is closed and the debt is entered in the BCE's Register of Obligations (Article 40 of the Law). The record is kept for up to ten years, and state bodies and banks check the register online (Articles 43³ and 43⁴). If the debtor acquires property or income, the case is reopened. You can also resubmit the writ within the deadline: its return does not prevent a new submission.

When to call a lawyer

Simple collection from a debtor who has a salary or bank accounts often goes through without a lawyer. Help is needed if:

• the debtor transferred property to relatives or sold it after the judgment — such transactions can sometimes be challenged;
• the officer is inactive and you need to challenge the inaction within the short 10-day period;
• the deadline for submitting the writ has passed or is about to;
• the debtor is a company and assets may be held by its members or its own debtors;
• the debtor has left the country or the assets are abroad.

At this stage you already have a judgment, and the key is not to lose it to deadlines and inaction. A lawyer specialising in litigation and debt recovery can help trace assets, prepare motions and complaints and get the officer to act.

In short

• The court issues the writ within five days after the judgment takes effect; individuals receive it in their my.gov.uz account.
• The writ can be submitted within three years; the period is interrupted by submission and by partial payment.
• The debtor pays the enforcement fee: 5% if the debt does not exceed 1,000 BCA, 2% if it does.
• The officer freezes accounts and property, deducts up to 50% of salary and can restrict travel abroad.
• Challenge the officer's inaction with the senior officer or in the administrative court within 10 days.
• If there are no assets, the debt goes into the Register of Obligations for up to ten years, and collection can be resumed.

Photo: Jiří Sedláček (Frettie), Wikimedia Commons (CC BY 3.0)