Law on Enforcement and Security Interest

Enforcement motion and writ of execution

Enforcement proceedings and security interest proceedings are initiated by a judgment creditor filing a motion for the enforcement based on enforceable or credible document or a motion for a security interest or ex officio only when provided by the law.

A court decides on the motion for enforcement based on enforceable or credible document and a security interest motion.

A public enforcement officer decides on the motion for enforcement based on the enforceable or credible document for settling monetary claims arising from utility services and related activities.

A public enforcement officer decides on the motion for enforcement for settlement of a pecuniary claim against the enforcement debtors such as the Republic of Serbia, autonomous province or a unit of the local government, an indirect beneficiary of the budget funds which has been indicated in the motion for enforcement as the enforcement debtor, against whom the enforcement collection is carried out in terms of the regulations governing the execution of the budget in the same manner as against the direct beneficiaries of the budget funds and indirect beneficiary of the budget funds.

The enforcement proceedings are conducted upon adoption of the writ on enforcement or on security interest.

Enforcement Motion

Motion for Enforcement Based on Enforceable document

The enforcement motion shall contain the identification data of the enforcement creditor and the enforcement debtor (Article 30 of the Law on Enforcement and Security Interest), the enforceable document, the enforcement creditor’s claim, one instrument or one subject or more instruments and subjects of enforcement or a motion to determine the enforcement on total assets of the enforcement debtor, and other data necessary for implementation of enforcement.

The enforcement motion contains the enforceable document enclosed in original, certified copy or transcript, and other document stipulated by the Law on Enforcement and Security Interest, provided that the enforceable document shall be furnished with the certificate of enforceability. But, if the enforcement motion is filed with the court which decided in the first instance on the claim of the enforcement creditor, the enforceable document need not be enclosed, and if it is enclosed, a certificate of enforceability need not be included.

The enforcement motion shall be filed in at least four copies.

Motion for Enforcement against Entire Property of the Enforcement Debtor

Enforcement creditor who demands the enforcement for settlement of a monetary claim originating from the enforceable document or credible document is not obliged to indicate the instrument and the subject of enforcement in the enforcement motion (enforcement against the entire property of the enforcement debtor).

In this case, the territorial jurisdiction for ruling on the enforcement motion shall be vested in the court in whose territory the enforcement debtor has permanent or temporary residence, or headquarters.

The writ of execution does not specify the instrument and the subject of enforcement, but the enforcement is determined against entire property of the enforcement debtor.

Motion for Passing the Writ with the Effect of the Writ of Execution

When the Law on Enforcement and Security Interest provides that in the course of implementation of the enforcement on salary or other permanent monetary income, for the surrender of individually determined movable assets, for delivery of exchangeable objects and reinstatement of the employee, a writ may be passed that has the effect of the writ of execution, it is passed upon the enforcement creditor’s motion.

The enforcement creditor shall request in the motion that the court or the public enforcement officer render a writ to compel the enforcement debtor to settle the claim of the enforcement creditor within the time limit of eight days of the day of receipt of the writ, and determine the instrument and the subject of enforcement if the claim is not settled within the deadline.

The court, or the public enforcement officer renders a writ on dismissal of a motion that does not include a request to compel the enforcement debtor to settle the claim, or that failed to specify the instrument and the subject of enforcement, without prior returning the motion to be completed.

The objection against the writ on dismissal of the motion is permitted.

Motion for Enforcement Based on Credible Document

The motion for enforcement based on credible document shall indicate the identification data of the enforcement creditor and the enforcement debtor (Article 30 of the Law on Enforcement and Security Interest), the credible document, the enforcement creditor’s claim, one instrument or one subject or more instruments and subjects of enforcement, or a motion to impose the enforcement against total assets of the enforcement debtor, and other data and documents needed for implementation of enforcement.

The motion for enforcement based on credible document also contains a request for the court to compel the enforcement debtor to settle the monetary claim of the enforcement creditor, together with assessed costs of proceedings, within the term of eight days, and in disputes relating to bills of exchange, within the term of five days from the serving of the writ, and a request to determine enforcement for the purpose of settlement of the enforcement creditor’s monetary claim and costs of proceedings.

The enforcement creditor shall enclose the credible document with the motion, in original, certified copy or transcript.

Foreign credible document is translated by a court interpreter to the language officially used in court.

If the parties concluded an agreement on territorial jurisdiction, the enforcement creditor may request in the enforcement motion that the proceedings, if continued as per the objection against the payment order, continues before the court having the jurisdiction under the agreement on territorial jurisdiction. The enforcement creditor shall enclose the agreement on territorial jurisdiction with the motion.

Motion for Enforcement in Electronic Form

Motion for enforcement based on enforceable or credible document may also be submitted in electronic form in accordance with a rulebook issued by the minister.

Designation of the Public Enforcement Officer

The enforcement creditor shall designate in the motion for enforcement based on enforceable or credible document the specific public enforcement officer with territorial jurisdiction to carry out the enforcement.

Deadline for Deciding on the Enforcement Motion and Decision on the Motion

The court passes the ruling on the motion for enforcement based on enforceable or credible document within eight days from the day of receipt of the motion.

The court renders the writ of execution based on enforceable or credible document, or the writ on dismissal or rejection of the motion for enforcement based on enforceable or credible document.

The court expedites the writ within the term of three business days from the day of enactment.

Enforcement Motion Withdrawal

The enforcement creditor may withdraw the enforcement motion, without the consent of the, at any time during the enforcement proceedings, and even after the writ of execution has become final. In this case, the proceedings shall be discontinued.

The enforcement creditor may file again the enforcement motion.

Writ of Execution Based on Enforceable or Credible Document

Contents of the Writ of Execution based on Enforceable document

Writ of execution shall state the court; the enforcement creditor and the enforcement debtor and their identification details (Article 30), the enforceable document, claim of the enforcement creditor, instruments and subjects of enforcement, notice of entitlement to legal remedies, and other data necessary for implementation of enforcement.

If the enforcement creditor has not indicated the instrument and the subject of enforcement in the enforcement motion, the public enforcement officer shall, without the enforcement creditor’s motion, adopt a conclusion to determine the instrument and the subject of enforcement, after identifying the enforcement debtor’s property. An appeal for the elimination of irregularities may be filed against the conclusion within eight days from the day of serving of the conclusion.

Contents of the Writ of Execution Based on Credible Document

The writ of execution based on the credible document compels the enforcement debtor to settle the monetary claim of the enforcement creditor, together with the assessed costs of proceedings, within the term of eight days from the day of delivery of the writ, and in disputes relating to bills of exchange or checks, within the term of five days. The same writ determines the instrument and the subject of enforcement for settling the monetary claim of the enforcement creditor and costs of the proceedings, or enforcement is imposed against the enforcement debtor’s total assets.

If the enforcement creditor did not indicate in the motion for enforcement the instrument and the subject of enforcement, the public enforcement officer shall, without the motion of the enforcement creditor, issue a conclusion by which, after identifying the property of the enforcement debtor, he determines the instrument and the subject of enforcement.

Against the conclusion a motion for elimination of regularities may be filed within eight days from the day of serving of the conclusion.

Appointing the Public Enforcement Officer and Recusal

The writ of execution based on enforceable or credible document stipulates that the enforcement is carried out by a public enforcement officer indicated by the enforcement creditor in the enforcement motion.

The appeal, i.e. objection against the appointment of the public enforcement officer is permitted only if the public enforcement officer does not have territorial jurisdiction.

The enforcement debtor may file a motion for recusal of the public enforcement officer until the completion of the enforcement proceedings. The court rules on the motion for recusal within the term of five days from the day of receipt thereof.

If the motion for recusal of the public enforcement officer is accepted, the court immediately invites the enforcement creditor to indicate another public enforcement officer within the time period of five days, otherwise the enforcement proceedings is discontinued.

The objection against the decision on dismissal or rejection of the motion for recusal of the public enforcement officer is permitted.

Filing a motion for recusal of the public enforcement officer, as well as filing an objection against the decision rejecting or refusing the motion for recusal does not delay the enforcement or security interest.

Inability of the Public Enforcement Officer to Carry Out Enforcement

The public enforcement officer may inform the court that he is prevented from accepting the implementation of enforcement, within the term of five days from the day of receipt of the writ that needs to be enforced. The court immediately forwards the notice to the enforcement creditor with the invitation to indicate another public enforcement officer within a specified time-frame; otherwise the enforcement proceedings are discontinued.

If the enforcement creditor indicates another public enforcement officer in due time, the court shall issue a writ to amend the writ of execution in this respect. The objection against this writ is permitted, but only if the other public enforcement officer does not have territorial jurisdiction.

Who Delivers the Writ of Execution and to Whom

The writ of execution based on enforceable or credible document is delivered to the public enforcement officer, with a copy of the documents necessary to carry out enforcement, and he further forwards the writ to the enforcement creditor and the enforcement debtor.

The decision on dismissal or rejection of the motion for enforcement based on enforceable or credible document is delivered by the court, only to the enforcement creditor.

The writ of execution that is, in addition to the parties, delivered also to others (debtor of the enforcement debtor, enforced collection organization, Central Securities Depository, etc.), is delivered by the public enforcement officer. If the court has exclusive jurisdiction for enforcement, the writ of execution is delivered by the court to all of the abovementioned entities.

Absence of Jurisdiction of the Court to Carry Out Enforcement

If the court that rendered the writ of execution has no jurisdiction to carry out the enforcement, and a court has exclusive jurisdiction over the enforcement, the court refers the writ of execution and case files to the competent court, which shall serve the writ of execution on the parties and carry out the enforcement.

Writ that has the Effect of the Writ of Execution

In the writ that has the effect of the writ of execution, the court or the public enforcement officer compels the enforcement debtor to settle the claim of the enforcement creditor within the term of eight days from the day of receipt of the writ, and determines the instrument and the subject of enforcement if the enforcement debtor fails to settle the claim within the deadline. Provisions regulating the contents of the writ of execution (Article 66, paragraph 1 of the Law on Enforcement and Security Interest) apply mutatis mutandis to other elements of the writ.

Writ having the effect of the writ of execution is enforced by the court or the public enforcement officer, depending on who is implementing the enforcement of the writ of execution concerning which the writ having the effect of the writ of execution was passed.

The objection is permitted against the writ that has the effect of the writ of execution.

Provisions regulating the appeal against the writ of execution shall apply mutatis mutandis to the objection, except the provisions on compulsory delivery of the appeal to response.

Read more:
Legal remedies in enforcement proceedings »
Enforceable and credible document as ground for rendering of decision on execution »
Collection of receivables from debtors in the blockade »

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