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