Legal remedies in enforcement proceedings

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

Issuing a payment order

Payment order shall be issued in special proceeding which is governed by the provisions of Articles from 455 to 466 of Civil Procedure Law.

Conditions for Issuing Payment Orders

When a civil claim is related to a pecuniary claim which is due, this claim shall be proven by a credible document enclosed with the complaint either as an original document or a certified transcript, the court shall issue an order to the respondent to settle the claim (payment order) on condition that it is accompanied by a proof on delivered request for payment due receivables.

The following shall be considered as credible documents:

  • public documents
  • private documents where the signature of the debtor is certified by a competent body
  • promissory notes and cheques with protest and return accounts if these are required for the foundation of the claim
  • extracts from business accounts
  • invoices
  • documents which are deemed as public documents pursuant to specific provisions Continue reading Issuing a payment order

E-mail in civil proceeding

E-mail (electronic mail), as a way of making submissions of briefs to court in civil proceeding, shall be valid if they fulfill the conditions laid down in Article 98, paragraph 2 and Article 129 of the Civil Procedure Code (“Official Gazette RS”, no. 72/2011, 49/2013 and 55/2014), and the conditions prescribed by the Law on electronic document (’’Official. Gazette RS’’, no. 51/09) and the Law on electronic signature (“Official Gazette RS”, no. 135/2004).

E-mail – conditions for validity according to provisions of the Civile Procedure Code

The Civil Procedure Code (“Official Gazette RS”, no. 72/2011, 49/2013 and 55/2014), introduced in civil proceeding modern technology such as e-mail by the provisions of Article 98, paragraph 2 and Article 129 Continue reading E-mail in civil proceeding