Public Disclosure Authorized 18/2012 Public Disclosure Authorized Court Auctions Effective Processes and Enforcement Agents Public Disclosure Authorized Dr. Heike Gramckow Public Disclosure Authorized About the Justice and Development Working Paper Series The Justice and Development Working Paper Series serves as a platform for new and innovative thinking on justice and development that features work from World Bank and external authors. It is a product of the World Bank’s Justice Reform Practice Group, which generates knowledge and provides advice and assistance to Bank staff and Bank client countries on building improving state and non-state justice system institutions and mechanisms. Justice and Development disseminates the findings of works in progress to facilitate a more rapid exchange of ideas about development issues and justice reform. Editorial Policy The Justice and Development Working Paper Series publishes original research papers on law, justice and development. 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All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected].. © 2012 The International Bank for Reconstruction and Development / The World Bank Table of Contents 1 Introduction ............................................................................................................................. 3 2 Elements Needed for Effective Court Enforcement and Related Auctions ............................ 5 2.1 Effective Court Enforcement Agencies ............................................................................ 5 Court-controlled enforcement ................................................................................................. 6 Public sector specialist enforcement (executive branch) of court decisions ........................... 6 Private or quasi-private sector specialist enforcement of court decisions .............................. 7 Multiple institution-controlled court enforcement .................................................................. 7 2.2 Professional Court Enforcement Agents: an Emerging Trend ......................................... 8 2.3 Court Enforcement Agency Responsibilities ................................................................... 8 2.4 Balancing Bailiff and Auction Agency Discretion, Efficiency and Effectiveness with Creditor Rights ............................................................................................................................ 9 Incentives for efficient and effective actions ........................................................................ 10 Disincentives ......................................................................................................................... 11 Quality standards for court enforcement agents ................................................................... 11 Liability and liability insurance ............................................................................................ 12 3 Effective Court Enforcement Processes and Auctions ......................................................... 13 3.1 The Right Procedures ..................................................................................................... 13 3.2 The Importance of Locating Assets ............................................................................... 15 3.3 Establishing the Value of the Debtor’s Property ............................................................ 15 3.4 Getting a Good Price: Options to Increase the Success of Auctions ............................. 17 Types of auction .................................................................................................................... 18 Satisfying the debt................................................................................................................. 18 Ensuring public awareness .................................................................................................... 19 4 Conclusion ............................................................................................................................ 19 References ..................................................................................................................................... 21 1 Foreword by the Editorial Committee Justice system effectiveness is dependent on there being reliable ways of ensuring compliance with court decisions. While the payment of criminal fines and compensation orders are often bolstered by the availability of criminal sanctions, such as the threat of imprisonment, a narrower range of mechanisms is normally available to those who seek enforcement of civil court orders, commercial debts in particular. The need for attention to those mechanisms is all the more compelling when it is considered that, in most court systems, the vast majority of all private legal proceedings will relate to enforcement of property rights or claims, whether in cash, land or trade goods. There are consequently many opportunities for improving the efficacy of any system of civil justice by looking to ways in which civil claim enforcement may be made more effective. This paper, prepared in connection with World Bank technical advisory assistance work for the Moroccan Ministry of Justice, examines the options for civil claim enforcement, with a particular emphasis on processes of seizure and sale of debtor property as a means of satisfying a court judgment debt. It offers a profile of developments in this area that are relevant to the development of civil justice enforcement reform programs in any country. About the Author Dr. Heike Gramckow is a Senior Counsel with the Justice Reform Group in the Legal VPU of The World Bank in Washington, DC where she advises on justice reform programs and conducts related research. She has been working on several justice reform projects in Mongolia since 1999. Before joining the Bank, she was the Deputy Director of the International Division of the National Center for State Courts. She also served as the Director for Research and Development for the American Prosecutors Research Institute and worked for private consulting companies advising governments on justice sector reform issues. She has over 25 years of experience in working with courts, prosecutors, and police in the US and internationally. She is an internationally recognized justice sector expert with a particular focus on justice system management, including strategic planning and change management to guide reforms. She directed activities of several justice reform programs projects and conducted justice system assessments in many countries. She holds a law degree and a doctorate in law from the University of Hamburg, Germany. She taught undergraduate and graduate courses on international criminal justice systems and juvenile justice at the American University and George Washington University in Washington, DC, and is widely published in the US and internationally. 2 Court Auctions: Effective Processes and Enforcement Agents By Dr. Heike Gramckow Abstract This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of