Regarding the execution of earnings, the provisions of this Act shall apply , unless otherwise provided in this Law .
Responses to Execution
Reinstatement of earnings, a pledge on a certain part of the earnings is determined and is to be made to a government body, legal entity or other employer who pays the payee the executing dues, that the monetary amount for which he is determined It executes, pays or pays to the outstanding debtor.
For the purposes of this Law, all earnings of the employee are included in the earnings.
Reaching outcomes also applies to the increase in earnings that arises after delivery of execution reports.
When the right to endorse has several faces
If execution is made in order to settle the right to legal maintenance, ie the right to a rent for the lost allowance, due to the death of the custodian, who has several faces towards the same executive duo, The total amount of their claims exceeds the part of the earnings that may be the subject of execution, execution is determined and implemented in favor of each such executing creditor in proportion to the amount of their claims.
If a new proposal for enforcement for claims referred to in paragraph 1 of this Article has been filed after the initiation of the execution of earnings or other permanent cash receipts, the court will have previously issued a ruling on the execution in the sense of paragraph 1. of this Article and determine the amount that will be paid out in the future to individual creditors.
In the case referred to in paragraph 2 of this Article, execution of the execution shall also be submitted to the previous executing debtor who may file a complaint against it.
Claims for which a non-cash payment is not prescribed shall be paid by the executing debtor directly to the cashier upon which the outstanding debtor pays the earnings.
The enforceable creditor has the right to demand that the suspended amount be paid over the item, at the address indicated, and at the expense of the expense.
When the executing officer ceases to be employed, the execution order shall also be executed against the other employer where the executing party subsequently established the employment relationship, from the day on which the employer was delivered to the employer Execution.
An employer with whom the executing official is no longer employed shall be obliged to submit an order for execution to the employer to whom the executing employee has established the employment relationship without delay, To inform the court.
An employer with whom the executing officer is no longer employed shall report without delay to the court if he / she is not known to whom the executing duel has established a new employment relationship and the court will notify the executing debtor thereof, leaving him The period within which the court in which the employer’s executing employee is based shall establish the employment relationship.
The court will invite the complainant to state where the employer is employed under a financial penalty clause under Article 45 of this law for failure to comply with the law, and the complaint on complaint or objection does not stop the execution.
Responsibility for missed suspension and payment of dinner meals
The enforceable creditor may propose that the court in the execution of the proceedings be obliged to oblige the employer to cancel all the payments he has failed to suspend and pay according to the execution order.
The proposer referred to in paragraph 1 of this Article may execute the enforceable creditor until the completion of the execution procedure.
Resolving a proposal by an executing creditor has the effect of making an execution.
An employer who had not complied with the ordination of execution or failed to act in accordance with para. 2 and 3 of Article 186 of the deacon, responsible for the damage he turn the creditor therefore suffered.
Prohibition on the consent of the executing officer
The prohibition placed on the earning officer’s earnings by his / her consent (administrative ban) has the legal effect of execution on earnings, if it is put before the execution of the execution order.
Exceptionally from the provision of paragraph 1 of this Article, an administrative ban shall have no effect on the performance of earnings in order to settle claims on the basis of legal aid, compensation for losses incurred due to health damage or impairment or loss of working ability and Due to the loss of survival due to the death of the suicide boss.
Social security benefits
The provisions of this law relating to the performance of earnings are also applicable to the performance of social security benefits.
5. Execution on a Saving and Current Account
Attempts to make a claim on a conservative role
Execution in order to earn a claim on a conservative role is done by finishing and paying.
The unique creditor who proposes of execution in order to collect on weekdays role Duan that indicate information about the role of the week, number and name of the bank or other financial organization with which turn the Dunik a savings deposit.
If the executing debtor does not need the information on the guardian’s role, the court will require that information from the organization in which the stake exists and the debtor is obliged to indicate in his proposal.
The organization is obliged to without delay to the court to seek the information and not to inform the executing officer that these data are being sought.
The plenum took place on the day of submission of the report on the wounded organization to which the saving stake was kept.
The court will send the confiscation order to the executing officer only when the organization in which his savings deposit is conducted informs the court that the ban has been enforced.
The settlement of the executing debtor will be executed according to the rules of settling from the cash demand of the debt collector.
Execution on funds on current account of executives
The rules of execution on the salient role of the executing officer are also applied to the execution of the current account of the duo.
6. Exit on Stocks
6.1. Execution on securities of values on which to maintain a public register
Exercise on the rights from a securities portfolio that are entered in the register in accordance with a special law shall be performed by apprehension, valuation, sale and settlement.
By issuing reprisals on execution on the securities portfolio, the pledging of the securities that is the subject of the execution is carried out.
The execution report shall be delivered to the executing creditor, the executing officer and the Central Securities Registry.
Torque seizure, Executive creditor acquires Zalon right to APL will its securities.
Central register of securities when it has received ordination of Seizure, or at the request of izvrnog creditor, promptly enter Zalon right on paper of value . From the moment of registration of third parties can not be conscientious in relation to the existence of publishers legs rights izvrnog creditor.
The starter of the moment of the seizure can not dispose of seized securities of value.
The evaluation and sale of securities of value and satisfaction izvrnog creditors screaming to the rules of this law, which makes it an even for execution on actions.
6.2. Exposure to other securities of value
Exercise on other securities is carried out by maturing claims from securities and transfer securities.
The amount of claims based on a securities portfolio that is conveyed to the indemnity or whose performance otherwise requires such securities is carried out in such a way that the court executor seizes such a stock from the executing officer and handed it over to the court.
Legal actions required for the preservation or enforcement of the rights referred to in paragraph 1 of this Article shall be performed by the court bailiff at the conclusion of the court.
The transfer of a claim based on a securities portfolio that is conveyed to the indemnity or for whose performance it is necessary to make it is filed shall be made when the court on that card issues a statement of transfer and securities provided to that executing debtor by that declaration.
A claim based on a securities portfolio that is conveyed to a venturer or for whose performance it is necessary to bear such securities or which for other reasons can not be disclosed in respect of transfer or performance may be transferred only to Its full amount.
If this amount exceeds the amount of the creditor’s claim, the forbidden claim will be transferred once the executing debtor implements the fine that he will hand it over to the court.
If more turn the boilers to the creditors filed a motion to transfer the edited Different days, the court shall transfer the claims to izvrnog creditor who first presented the proposal, and if it is more turn the boilers to the creditors filed a proposal for the same Days, the claim will be transferred to an executing debtor whose claim is the highest .
The rules of the law on the transfer for collection and transfer instead of payment apply to the transfer of claims from securities.
Seventh and boil the funds in the account izvrnog Dunik
For the purpose of deciding on the proposal for execution and execution of the execution on money held in the account of the executing party, the court is the competent court in whose area the bank or other financial organization or court whose area is an organizational unit of a bank or other financial organizations at once the account is kept Dunik.
Scope of execution by legal entity and entrepreneur
Of execution in order to achieve monetary claims according to the company may be carried out on all funds in their accounts with banks or other financial organizations, as well as in foreign currency amount as vima that they have on the foreign currency accounts with banks, in dinars counter.
Responses to Execution
Recognizing the execution on the cash funds held in the account of the executing officer, found to banks and other financial organizations, that the amount of money for which the execution has been transferred is transferred from the account of the executable On the account of the executing creditor and for claims for which the cash payment is prescribed, to pay that amount to the executing creditor in cash.
Implementation of the execution
Ordination of execution of the judgment delivered on RGANISATION enforced collection which immediately knew how to banks or other financial organizations in which water accounts izvrnog Dunik to suspend all payments from these accounts to the final payment claims.
The organization for enforced collection upply states and other banks or financial organizations that this reverse a Dunik not to open new accounts and at the same time knew how banks and other financial organizations to her immediately provide information on the funds in accounts executive Of the duchess.
Upon receipt of data from the previous paragraph, the organizations for compulsory collection with banks or other financial organizations transfer the funds to the account of the executing creditor or cash payment.
The organization for compulsory collection is obliged to act on the order of execution according to the time of receipt of the execution report, the day on which it received the execution report, unless a special regulation provides for priority execution of the order some turn the boilers to the creditors and to certain claims.
A bank or other financial organization is obliged to transfer the funds from the account of the executing officer to the same day on which he received the order of the forced payment organization.
If the execution of the execution of the executives does not result in the payment of occasional allowances due at certain time intervals (money rent due to bodily injury or loss of health, reduction or loss of work ability or loss of benefit etc . ), an organization for enforced collection will Downloading bank or other financial institution that, without rebooting requires executive pay these benefits after their maturity.
In the case referred to in paragraph 1 of this Article, the order of all future payments shall be counted towards the time of receipt of the execution order.
The compulsory billing organization and the bank or other financial institution keep a special record of reimbursement of the collection of future contingent payments.
If at the time of maturity of the benefits referred to in paragraph 1 of this Article, payment on accounts izvrnog Dunik with the provider payment system is not funds, shall be accordingly applied the provisions of Article 199, paragraph 1 of the Act.
Abolition with Execution
At the request of an executing creditor who submits evidence that he has said before the court to waive the execution of the forfeiture charges, the bank will order the bank to cease its execution while the court does not rule on the suspension of the proceedings.
Execution towards the solidarity duo
Against two or more executives who are jointly and severally liable for the enforcement order, covered by the same execution proposal , the court will issue a ruling on the execution.
If the accounts of solidary executives are conducted by various banks or other financial institutions, the court will forward the execution report to the forced collection organization , and that organization will issue payment orders and orders to provide data on the state of Account and transfer to all banks or other financial organizations that keep accounts of solidary debtors.
Transfer of funds from the foreign exchange account
If the accounts Turn over them Dunik with banks or other financial institutions no financial resources, organization for enforced collection will Downloading banks where the water exchange accounts izvrnog Dunik to execute the transfer of funds from these accounts Converted into dinars, per exchange rate on the day of transfer, in favor of the account of the debtor.
The bank is obliged to execute the execution order of the compulsory collection company on the same day it received it, and if there are no funds in the foreign currency account, the bank will act upon the order when the foreign currency funds arrive unless it receives the obli gation from the compulsory billing organization That the need to transfer funds from the foreign exchange account has ceased.
Until he or she executes the order of the compulsory billing organization, or until it receives notice in the sense of paragraph 2 of this Article, the bank may not execute the orders of the debtors related to the funds available in its foreign currency account.