The changes also affected the enforcement proceedings, which are regulated not only by the Law on Enforcement Proceedings, but also by the procedural codes. We present some of them to your attention.
If a situation arises with joint debtors, one of them will have the right to receive information about the amount recovered from the joint debtors. Previously, debtors did not have such a right.
When initiating enforcement proceedings, the debtor is given a period of 7 calendar days for voluntary fulfillment of obligations. In connection with the amendments, the debtor may submit a petition to the enforcement agent indicating the validity of the reason for which he voluntarily failed to fulfill the obligation. If the reason is recognized as valid, then the period for voluntary performance may be extended once for no more than seven days.
The debtor and the claimant will be able to conclude a mediation agreement before the end of the enforcement proceedings. In this case, the enforcement agent has the right to suspend the enforcement proceedings for a period until the termination of mediation. If, within the framework of the enforcement proceedings, an amicable or mediation agreement is concluded, then the compulsory fee will be fifty percent of the amount to be collected.
Originally published 15 February 2021.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
