In the process out of court settlement of monetary and non-monetary assets and liabilities, it is possible to make debt collection and debts by contracting additional guarantees, warranties, commitment of assets and rights, by introducing new ways to fulfill payment obligations, change of debentures, submit timely objection to debtor creditor relationship, as well as giving evidence in an appropriate form.
If you in the process of out of court settlement procedure does not achieve the monetary and non-monetary assets and liabilities, collection of cash and non-cash assets and liabilities can be obtained by compulsion in the court proceedings.
Means of execution
Means of execution in order to achieve monetary claims are: selling personal property, real estate sales, the transfer of monetary claims, transfer of credit for the submission of movable or immovable property, liquidate other property rights, transfer of funds kept in bank accounts, sale of shares and stakes in companies as well.
Means of execution in order to achieve non-monetary claims are handing over personal property, evacuation and transfer of immovable property, the enforcement of the obligation acts, omissions or suffering, making the execution of the decisions from family relations, the execution for reinstatement of the employee to work, the execution of the decision of the division of things, enrollment in public records and obtaining statements will.
Appropriate means of evidence
In order to achieve its right in court in less time and with less cost it is necessary that the facts on which they base their right can prove appropriate means of evidence.
In commercial disputes the business cooperation between the parties, and the existence and amount of monetary and non-monetary assets and liabilities, which are typically proved through private documents (signed written contract, an offer, declaration of acceptance of the offer, declaration of cancellation, termination, etc.), invoice, dispatch, final and enforceable judgment, and others.
Contract of Assumption of Debt
Contract of assumption of debt represents agreement between a debtor and a person assuming the debt in which the creditor has agreed to change the debtor of obligation by contract.
Enforcement of claims from client’s accounts
Enforcement of claims from client’s accounts (Enforced collection) shall be realized in accordance with the provisions of articles 47. to 49. of Law on Payment Transactions (FRY Official Gazette, Nos 3/2002 and 5/2003, RS Official Gazette, Nos 43/2004, 62/2006, 111/2009, 31/2011 and 139/2014). The execution titles, the order of fulfilment of the execution titles and the procedure of realization of the enforced collection are regulated by those legal provisions.
Write-off of receivables making in the National Employment Service
Write-off of receivables in the National Employment Service is regulated by Regulation on the write-off of receivables in the National Employment Service (“Official Herald of the Republic of Serbia”, No. 14/2014). Write-off of receivables is the cessation of debtor-creditor relationship, by which the National Employment Service, as a creditor, written off receivables against the debtor under the conditions and in the manner prescribed by the Regulation.
Insurance of the claims against foreign insurance company
According to the provisions of Article 274, paragraph 2 of Insurance Law until the day of accession of the Republic of Serbia to the European Union, risks may be insured with a foreign insurance company if insurance against those types of risks is not conducted in the Republic of Serbia, as well as other risks which are prescribed by the Government of the Republic of Serbia.