Enforcement matters: documentation of statistics

Data description (SIMS 3.1)

Statistics Finland publishes statistics on enforcement matters pending and concluded in the enforcement districts of the Ministry of Justice, and on debtors in these matters. Enforcement matters refer to enforcement proceedings pending and concluded in the enforcement districts during the calendar year. Enforcement matters are classified into open or closed according to whether they are still pending after the end of the calendar year or not. The applicant for enforcement can be a natural or legal person. The debtor in enforcement can also be either a natural or legal person. The basic data for the statistics derive from the data warehouse (dwUljas) of the Enforcement Information System of the Ministry of Justice. Statistics Finland receives the basic data from the ICT Service Centre of the Department of Judicial Administration. In order to describe the positions of debtors in enforcement matters as well as possible, data on several socio-economic variables on them are linked with the basic data. Such variables include age, gender, family type, education and occupation. Enforcement is most often a matter of collecting judgement debts. It is generally preceded by court proceedings. In the proceedings, the validity of the creditor’s claim is investigated and a payment liability ordered on the debtor. If the judgement is not heeded voluntarily it is carried out compulsorily by way of enforcement. A creditor can request measures from the enforcement authority once the receivable has been established by a court decision imposing a payment liability. Once a receivable enters enforcement proceedings, the enforcement authority usually sends a notification to the debtor indicating that the matter is pending. Some receivables, such as taxes and certain insurance premiums, can be enforced even in the absence of a judgement. Criminal sanctions of a monetary nature, such as fines and summary penal fees, are also collected by way of enforcement if necessary. No court decision is needed for the collection of child support payments, if the child support has been settled by a written agreement which has been confirmed by a child welfare officer. Collection of overdue instalments is based on a sale-by-instalment protocol drawn up by the enforcement officer.

Concepts and definitions (SIMS 3.4)

Applicant for enforcement

Applicant refers to a person who has applied for enforcement in order to recover a receivable. A receivable refers to the capital established in the grounds for enforcement, the interest to be calculated on the capital and the costs with interest judged in the grounds for enforcement. The applicant for enforcement can be a natural or legal person.

Debtor in enforcement

Debtor in enforcement refers to the respondent in the enforcement of a payment obligation. The debtor in enforcement can be a natural or legal person.

Pendency of an enforcement matter

An enforcement matter becomes pending when the enforcement application arrives at the local enforcement authority or in the Enforcement Information System. When the enforcement has arrived at the enforcement authority the authority must notify the debtor of the pendency without delay. The pendency of an enforcement matter relating to a payment liability ends when the bailiff remits the collected funds (closing remittance). If full payment has not been collected for the receivable (impediment for lack of means) or if the whereabouts of the debtor are unknown (impediment of lack of means and unknown whereabouts), a certificate to this effect must be issued to the applicant. The pendency of the enforcement matter ends on the date of issue of the impediment certificate. When bankruptcy proceedings are initiated, an enforcement matter relating to a payment liability that cannot be enforced because of the bankruptcy remains pending at most for six months following the initiation of the bankruptcy proceedings.

Private receivables in enforcement matters

Private receivables are receivables based on agreements, commitments or other liabilities under private law. Examples of these include bank loans, other credits, purchase money claims, fees or payments for services and work performances, insurance premiums, guarantee liabilities and indemnity liabilities.

Public receivables in enforcement matters

Public receivables are receivables of municipalities and other public corporations. Examples of these include charges for health care, children's day care and fees for the performances of municipal authorities, such as permits, registrations, inspections and control.

Institutional mandate (SIMS 6)

Quality assurance (SIMS 11.1)

Release calendar (SIMS 8.1)

User access (SIMS 8.3)

Confidentiality - policy (SIMS 7.1)