Protection Against Court Executors and Credit Institutions
How are enforcement cases checked for expired limitation periods or incurred prescription?
Enforcement cases can be checked for expired limitation periods or incurred prescription through the analysis of documents and timelines related to the specific case.
What does the appeal against the fine ruling include?
The appeal against the fine ruling includes submitting a complaint to the relevant court or administrative authority that imposed the fine, with the aim of reviewing and potentially overturning the imposed sanction.
What can be done if the enforcement is directed at property considered non-seizable?
A complaint can be filed to challenge the enforcement directed at property considered non-seizable, by providing evidence for this.
What can be done if the court executor refuses to conduct a new property assessment?
A complaint can be filed to challenge the refusal of the court executor to conduct a new property assessment according to Articles 468, Paragraph 4 and 485 of the Civil Procedure Code.
What can be done if the court executor refuses to stop, terminate, or conclude the enforcement?
A complaint can be filed to challenge the refusal of the court executor to stop, terminate, or conclude the enforcement.
What can be done if you have objections regarding the enforcement costs?
A complaint can be filed to challenge the costs of the enforcement.
Who can appeal the ruling on assignment?
The ruling on assignment can be appealed by a person who has paid a deposit by the last day of the sale, by a creditor who participated as a bidder without owing a deposit, and by the debtor if the bidding at the public sale was not conducted properly or the property was not assigned at the highest offered price.
When can a third party appeal the actions of the court executor?
A third party can appeal the actions of the court executor if the enforcement is directed at items that were in the possession of that person on the day of the seizure, encumbrance, or delivery (for movable property). The appeal is not accepted if the item was owned by the debtor at the time of the seizure or encumbrance.
Who can appeal the entry into possession of real estate?
The entry into possession of real estate can be appealed by a third party who was in possession of the property before the claim was filed, the decision on which is being enforced. If the appeal period is missed, the third party may file a possessory action.
Does the enforcement stop upon filing an appeal?
Filing the appeal does not stop the enforcement actions, but the court may order a stay, in which case it sends a copy of the stay order to the court executor.
How can the debtor contest the enforcement?
The debtor can contest the enforcement through a claim based solely on facts occurring after the conclusion of the judicial investigation in the proceeding that issued the enforcement title.
How can a third party protect their rights during enforcement?
Any third party whose rights are affected by the enforcement may file a claim against the creditor and the debtor to establish that the property subject to enforcement for a monetary claim does not belong to the debtor. The creditor is liable for damages caused to third parties by directing the enforcement against their property.
What is the liability of the court executor for damages?
The private court executor is liable for damages caused by procedurally unlawful enforcement under Article 45 of the Obligations and Contracts Act. For the same damages caused by a state court executor, liability is under Article 49 of the same law. There is unlawful enforcement when the court executor imposes manifestly disproportionate measures in relation to the size of the obligation.
How is the starting price for a public auction determined?
The court executor appoints an expert to determine the value of the property. The expert must be registered in the registry of independent appraisers or on the list of specialists approved as experts. The expert’s conclusion is communicated to the parties, who have a 7-day period to contest it, in which case they must indicate another expert and pay costs for the new conclusion. If there are two or more appraisals, the property's value is determined as the arithmetic mean of all appraisals.
What can be done if you were not properly notified of the enforcement and a movable item was seized or you were removed from a property?
A complaint can be filed to challenge the seizure of a movable item or the removal from a property due to improper notification of the enforcement.