Enforcement order

Enforcement order

    The execution order is issued by the court at the request of a creditor who seeks a certain amount of money or the return of a movable property by a person. Issuing the order does not automatically order the person to pay the amount or hand over the item that is requested. Provided that the claim exists the creditor will have written or no evidence at all about it and will have the opportunity to sue and prove the claim. In such a case, the debtor will be ordered to pay, in addition to the amount he owes with the interest charged, but also the costs of the court proceedings. If enforcement is reached, the debtor will have to pay the costs in the process as well. The debtor may fulfill the obligation specified in the Order; to object to the district court; to appeal against the Order only in respect of costs; to object if he has already fulfilled the period for voluntary execution by presenting evidence to the court about it. The period within which an appeal may be lodged with the District Court which issued the order is 2 weeks and it begins to run from the day it is received. If the debtor files an objection with the court to challenge the claim, the court gives the applicant one month to file a claim against the debtor. The creditor must also confirm its decision with a decision effective within one month. In rejecting the applicant's claim, the court invalidates the Enforcement Order and the debtor has the opportunity to claim the costs he has incurred in the process and the costs and expenses of the enforcement proceedings. However, if the court honors his claim, the debtor will be ordered to pay his debt and will have to cover the costs incurred by the applicant in the claim process. If the debtor has been deprived of the opportunity to challenge the claim, he may file an objection within one month from the moment he has learned of the Enforcement Order to the District Court. The debtor must prove the reasons which did not enable him to challenge the taking and the moment of knowing the order.