Counter-enforcement is a set of actions that return to the debtor what the creditor received during the enforcement procedure if there was no basis for it at the time the enforcement procedure was initiated or if the basis ceased to exist during the further course of the enforcement procedure.
The reasons for counter-enforcement, as well as the counter-enforcement procedure, are regulated by the provisions of the Law on enforcement and security interest (“Off. Herald of RS”, Nos. 106/2015, 106/2016 – authentic interpretation,113/2017 – authentic interpretation, 54/2019 and 9/2020 – authentic interpretation).
Motion for Counter-Enforcement
After the enforcement has already been carried out, the enforcement debtor may file a motion with the court for counter-enforcement.
The motion for counter-enforcement contains the request to the court to pass the writ which shall compel the enforcement creditor to return to the enforcement debtor, within the term of eight days, everything he received by enforcement and to specify the instrument and the motion for enforcement if the enforcement creditor fails to return what he received within the set deadline. Continue reading Counter-Enforcement
By the provisions of the Law on Enforcement and Security Interest (“Off. Herald of RS”, Nos. 106/2015, 106/2016 – authentic interpretation,113/2017 – authentic interpretation, 54/2019 and 9/2020 – authentic interpretation) were regulated terms and types instruments of enforcement and enforcement subjects, as well as issues related to the application of the principle of proportionality,multiple instruments and subjects of enforcement, amending and adding instruments and subjects of enforcement.
Instruments of Enforcement
Actions used to settle a claim of an enforcement creditor are instruments of enforcement.
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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.
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