NEW CHANGES IN RESERVED PRODUCTION

NEW CHANGES IN RESERVED PRODUCTION

    The changes in the order being discussed are already a fact. They have been in force since December 24, 2019. The main changes are mainly to extend the deadlines. The term of each debtor to pay after issuing a writ of execution is already two weeks and one month. The period for objecting to the Order is already one month, and if the objection is unfounded, the debtor may incur costs even higher than the one in the order. One month is also the time limit for appealing the order for immediate enforcement (Article 419). The period of one to two weeks for appealing against the actions of the enforcement agent is extended (Article 436 CCP). Applications for writs of execution against a consumer are filed with the district court at his current address. For all other debtors, the old jurisdiction remains - at a permanent address or registered office.  All applicants are obliged to apply the contract from which their claim arises, together with the annexes and the general conditions, if they wish to be issued an order under Art. 410 CPC against a consumer, the court having the right to refuse to issue an order. When the banks, they request the issuance of an order under Art. 417 The CPC, on the basis of an extract from their books, will also be required to provide "the document from which the receivable of the bank originates, together with all its annexes, including the applicable general conditions." In addition to the fact that the execution order has to be served under the conditions of the law, the requirement that the creditor has collected data that the debtor does not live at the address, after consultation with the manager of the condominium, the mayor of the respective settlement or otherwise, is added and has verified this by indicating the source of this information in the communication "to indicate to the applicant that he may file a claim for his claim. The rules for suspending enforcement of a warrant when issued against a consumer are also new. The CCP already provides that the security that the consumer debtor pays to secure it is up to one-third of the claim. For all debtors, the requirement to suspend enforcement should be made within the time limit for opposition. The court ordering immediate enforcement will be able to suspend it even without the need for security when a request for it is made, supported by written evidence.