Attorney Dragana Djordjevic » Blog » Debt collection (4)

Legal remedies in enforcement proceedings

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Legal remedies in enforcement proceedings are the appeal and objection.

The appeal is used to contest the writ of the first instance court or the writ of the public enforcement officer, unless it is stipulated in the Law on enforcement and security interest the appeal is not permitted or that such writ is to be contested by objection.

The objection is filed against the writ on the motion for enforcement based on credible document, against other writs of the first instance court or public enforcement officer defined by the Law on enforcement and security interest, and in the form of the third party objection.

Only in case of objection of the third party an objection is permitted against the writ issued on the objection to the writ, and the appeal only against the writ issued on the objection to the writ of execution based on a credible document.

A conclusion is not subject to objection or appeal. The objection or appeal filed against a conclusion is dismissed by a writ or conclusion which completes the enforcement proceedings. Continue reading Legal remedies in enforcement proceedings →

Collection of receivables from debtors in the blockade

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Under conditions of the global financial crisis increases the risk of debt uncollectability. The risk of this type primarily depends on the individual claims, payment terms, economic and political conditions in the country, as well as the solvency and creditworthiness of the debtor.

The occurence of the debtor’s inability to fulfill its financial obligations due to blockage of business accounts is one of the biggest risks, whose implementation may result in a debtor’s bankruptcy, but in some cases may represent a cause of the creditor’s bankruptcy.

Answers on some questions, concerning with the possibility of the collection of receivables from a debtor who has in the blockade you can find in this article.

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Legal consequences of a blocked accounts are regulated by the Law on performing payment of legal persons, entrepreneurs and natural persons who do not perform activities. Continue reading Collection of receivables from debtors in the blockade →

Subject matter of the right of security

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By the LAW ON RIGHT OF SECURITY UPON MOVABLE OBJECTS FILED IN REGISTRY (“Official Herald of the Republic of Serbia”, Nos. 57/2003, 61/2005, 64/2006 – correction, 99/2011 – other laws and 31/2019) shall be regulated the pledge, without delivering in possession, of movable objects and rights to secure a claim of a creditor, the contract of security, the rights and obligations of contracting parties, the filing of the right of security in the Registry, the settling of a creditor secured by pledge, and the termination of the right of security.

Movable objects and rights shall be pledged by filing in the Register of Pledges on Movable Property and Rights instituted in the Serbian Business Registers Agency.

Legal relations that are not regulated by the LAW ON RIGHT OF SECURITY UPON MOVABLE OBJECTS FILED IN REGISTRY (“Official Herald of the Republic of Serbia”, Nos. 57/2003, 61/2005, 64/2006 – correction, 99/2011 – other laws and 31/2019) shall be subject to regulations covering obligations (contract and torts) and property law relations, and to additional rules. Continue reading Subject matter of the right of security →