To decide on a motion for execution on movable property and for the execution of this execution, the court is the competent court in whose area these things are located.
If the proposal is not indicated a place where things are, to decide on this proposal meat is competent court in whose territory is prebivalite or stay , or sit izvrnog Dunik.
Exclusion from execution
Can not be the subject of execution:
1) clothes, footwear, lingerie and other personal items, linen items, kitchen utensils, part of the appliance which is necessary for the executive duo and its household members, as well as a cooker and a refrigerator;
2) food and fuel for the needs izvrnog Dunik and members and his household for three months;
3) cash izvrnog Dunik who has permanent monthly incomes up to the monthly amount that is legally exempt from of execution, in proportion to time, until the next earnings;
4) medals, medals, war memorials and other signs of decorations and awards, personal letters, manuscripts and other personal writings izvrnog Dunik and family pictures;
5) aids that are invalids or other persons with teleworking deficiencies indispensable for performing his or her life functions;
6) Potanski shipments or Potanski money order sent to reverse a Dunik , before it was handed to him.
Execution on movable things is done by listing and estimating things, selling things, and settling the executable from the amount obtained by selling.
Proposals for of execution may be required to be carried out in only a list and evaluation, but in this case, turn the creditor Duan that within three months from the date of the execution will foot the list, or evaluation, submit a proposal To sell things .
If the executing debtor does not submit a sales proposal within that time, the execution will be suspended.
2. List and Evaluate Movable Items
The court bailiff shall , immediately before entering the list, hand over to the executing officer a ruling on the execution and invite him to pay the amount for which execution was made , together with the interest and charges.
If you reverse a Dunik ordination of of execution could not be handed over to the census, shall submit his application has been optim rules on deliveries formance .
On the time and place of the list, the executing debtor will be notified if he has sought it.
The absence of a party shall not prevent it from accessing the list.
The party who did not attend the list will be notified of the completed list.
It lists the things that are in the state of the executing officer, as well as the things that are in the state of the executing debtor.
If a third party does not notify the court of its rights to a movable property in the position of an executor who is the subject of execution or to prove their rights to them, it is considered that such rights as third parties do not exist and that execution He is the owner of the things that are in his possession.
The things of an executive duo in the state of a third person are listed only with the consent of that person.
If a third party does not agree to the list, the court shall, by the conclusion of the executing debtor, and upon his / her proposal, transfer the right of the executing party to surrender the proceeds in order to enforce the payment transfer rules.
For the purposes of the census, spouses or extramarital partners are considered to be co-owners of equal parts of all movable property found in their home, apartment, business premises or other immovable property.
It will list as many things as necessary to settle an outstanding debtor’s demand and execution costs.
It lists things that are not subject to enforcement claims that would prevent execution and the things that can be most easily copied, taking into account the statements of the present parties and third parties about it .
The Court may subsequently determine the execution on another matter, and not on the one that has been listed at the suggestion of the executing debtor, if there is a significant disagreement between the value of that claim and the amount of the claim.
On a list of items, the executing creditor acquires a lawsuit at the moment when the court executor signs the census record. Court izvritelj Duan is that next to your signature clearly indicate the day and time when the minutes are signed.
Within a period of three days from the date of the completed list, the parties may request the judge to make a list change. The judge shall decide on the change of the list within three days from the day of receipt of the new request.
When things go wrong with the conclusion of an executive judge, the right is acquired by the moment when the conclusion is reached, and the things that are outlined in the list exclude this right.
When the list is carried out for the benefit of several executives, the order of priority for obtaining a pledge is determined on the day when the proposal for execution is received by the court and if the execution proposals are received on the same day , Their default rights have the same rank of championship.
If the proposal for of execution submitted through the difficulties registered shipments, the date of delivery channels is considered as the date of receipt of the court in .
Registration and publicity of the lawsuit
The Executive Court shall, without delay, provide a copy of the record of the list or conclusion on the amendment of the list to an organization authorized under the law to register a misdemeanor clause on movable property. Registered court Zalon right, in relation to registered Zalon right to the same things others turn the boilers to the creditors, counted from the time of acquisition, inventory and closure. From the moment of registration, third parties can not be called to know about this right.
A copy of the record on the list or conclusion of the court on the change of the list shall be delivered to the executing debtor. The Executive Borrower is empowered to request registration of a lawsuit if the Court of Appeal has not done so before.
A copy of the record of the list or the conclusion shall be made by the court enforcement officer in a visible place in the room in which the matter is at the moment of the census, and on the cited items that are left to the guardian of custody shall be clearly indicated that they have been taken To the list.
A person who removes a copy of the record or the mark that the items listed shall be punished in accordance with Article 45 of this Law.
Keeping Listed Items
Listed things are usually left to guard the exquisite duchess.
At the proposal of the executing trustee, the court will hand over things to him or to a third person if he or she makes it probable that the danger of being defeated, alienated, or otherwise diminishing is diminished. The costs of keeping things are borne, as well as the risk of failure or damage to the property unless the defect or defect can be attributed to the guilty superior or the person to whom the custody is entrusted.
At the proposal of the executing magistrate, the court may file the listed items to the custody of him or a third person by the executing debtor. The custodian has to pay the costs of the pre-executing debtor, and the executing officer is obliged to compensate them. The risk of failure or damage to property rendered to custody by the executing debtor or third party is borne by the executing debtor, unless the failure or damage is the consequence of more force or case .
Cash, securities and precious securities will be handed over to court custody.
Other securities of higher value are also presented to the court deposit if they are suitable for such a storage.
Prohibition of disposal of the items listed
All persons who possess or have control over the listed items are prohibited from disposing of these things without a court order.
Unspecified attempts to list
If the list does not find things that may be the subject of execution, the court will notify the executing debtor who did not attend the list.
On a proposal izvrnog creditor who makes it credible that turn the Dunik know where the e things that were not found, the court will invite izvrnog Dunik that within three days from the date of delivery of calls to Notify about The object of finding things. In carrying out the obligation of the duo to provide the obli gation, the rules applicable to the compulsory execution of an obligation that can only be performed by the executing officer personally.
The ultimate creditor may, within three months of receipt of the notice of the unsolicited search of the list , or of the day of the unspecified list to which he has attended , propose to re-execute the list.
If the executing debtor does not propose that the list be re-executed within that period or if there are no objects that may be the subject of execution on the re-listing, the court will suspend the execution.
At the same time as the list of items, their estimate will be executed.
Judge is adjudicated by a law enforcement practitioner and, if necessary, a professional or a court member.
Estimates are based on the market price of such items in the list. The Court may decide to make the assessment based on the obtained price statements from the appropriate organizations and institutions.
A credible creditor and an executor can concisely determine the value of the item.
The party may suggest that the assessment be conducted by a party even though the court has not determined it. If the court accepts this proposal, the cost of the award is long enough to advance the bidder within the time limit set by the court. If the advance is not paid within the deadline, the promoter will be deemed to have withdrawn from his proposal.
On the proposal from paragraph 3 of this Article, the court decides with a conclusion.
The costs of the provision referred to in paragraph 3 of this Article shall be borne by the proposer, regardless of the outcome of the execution procedure.
The party may be administered within three days of executive assessment submitted to court to determine niu or viu value n ost inventoried items of estimated or to order a new assessment, unless the assessment carried vetak. The court decides on the proposal by conclusion.
Record List and Assessment
The record is compiled on the list and the estimates.
The record shall , among other things , a special state Single of the listed items with their estimated diligence and entered statements of the parties and participants in the proceedings as well as the statements of third parties concerning the existence of rights that prevent of execution.
If the court decides that the assessment is to be made after a census, by collecting or obtaining data from an organization or institution, a separate record is made of the assessment.
The record of the list of executing debtors could be published in the public information media.
Zabele`ka instead of a list
If, after the census, the execution of the billing items for the second claim of the same executing creditor or for the claim of another creditor is charged, no re-listing and evaluation of these items will be made, Record only the data from a more detailed statement of execution.
The loyal creditors in whose favor the debtor has obtained the insolvency right on the list of things .
The bill of lading shall be kept informed by the organization that keeps the register of movable property rights, which is obliged to register such acquired rights to the register in the register.
3. Sell things
The sale of the inventory is carried out by virtue of the validity of the execution judgment, unless the executive officer proposes or at the suggestion of the executing creditor agrees that the sale is to be made earlier or , Which are subject to rapid malfunction or if there is a risk of a significant reduction in the price of the listed items.
Between the day of listing and the day of sale must last for at least 15 days.
Sales are moe implemented and after the deadline referred to in paragraph 2 of this article if you turn the Dunik on this suit that the sale done before that deadline, if it comes to things that are susceptible to rapid deterioration , if there is a risk By a substantial reduction in their price or if the executing creditor places a benefit on the loss which would have been long enough to compensate the executing officer if the execution order was terminated.
The way of selling
Selling things is done through oral public bidding or direct bargaining. The selling method determines the court’s finding by making sure that the best cashing is achieved.
Selling through bidding will be determined if things are of higher value, and it can be expected that things will be sold at a price higher than the estimated value.
The contract of sale by direct agreement is concluded between the buyer on the one hand and the court executor or the person who commits the affairs, on the other hand.
A court executor of movable property sells on behalf of and for the account of the executing debtor, and the person who commits the affairs in his name and for the account of the executing debtor.
The sale of the goods will be announced on the notice board of the court no later than 15 days before the day of the public sale.
The superior creditor and the executing court will inform the court of the place, day and time of the sale.
Listed items can not be sold for the amount below the estimated value on the first bidding, ie within the time that the court ordered for sale by direct bargaining.
If no price has been achieved in the first bid, the court will determine at the party’s proposal a new bidding at which the starting price will be equal to one half of the estimated value.
The provisions of paragraph 2 of this Article shall also be applied where the listed items could not be sold at the level of the estimated value through direct negotiations, within the time limit set by the court or at a later date for sale.
Suspension of proceedings
Proposals for other bidding or for sale through direct negotiations may be submitted by a party within 30 days of the day of the first bidding or from the date of expiry of the deadline set by the court for sale through direct bargaining.
If the proposal is not filed within the time limit referred to in paragraph 1 of this Article, the proceedings shall be suspended .
Obligations and customer rights
The bidder with the highest bid will pay the price for the movable thing immediately after the publication of the results, unless the court decides otherwise. If the bidder does not pay immediately upon a court call, the other bidder will be offered the buyer and pay the price he has offered, and so on.
In the event that none of the bidders with the appropriate offer pay the price immediately upon the invitation of the court, the court shall, at the request of one of the parties, indicate that the first official has failed.
The request for a court to schedule a new term may be served by the enforceable creditor within eight days from the date of the non-successful performance.
If an executing debtor does not propose a new term within eight days, the proceedings will be suspended.
The buyer takes over the matter from a court bailiff by paying the price.
A court bailiff submits things to a buyer and does not settle the price if , at his risk , the executing debtor and the participants who have the right to settle for the prize are accepted by them within the limits of the amount they earn from the achieved price.
If the buyer fails and the buyer does not set the price within the time limit set by him, the persons referred to in paragraph 5 of this Article may be required by the court to order the buyer to pay the price in the same procedure and after the legality And the excellence of that statement , may suggest execution.
4. Settling an outstanding debtor
Settling when an executor is an executor
If only one executing debtor is settled from the sale price, the court will, by not ruling out the deadline, by ordering to determine from the amount obtained by selling the item in order: the costs of the execution procedure, the fines determined In an executable, interest up to the day of cashing up and the main claim.
Viak selling prices , which remain after the settlement , Surrender to reverse a Dunik, if there is no interference .
Suicide when there are more senior executives
If several executives are executed in the execution procedure, ie if persons who are entitled to terminate their assignment are settled in addition to executing executives, they are subject to the strict application of the rules on settlement sale related to the sale of immovable property from the sale price In the order in which they acquire or otherwise terminate the right of sale, unless otherwise prescribed by law for certain claims. Successful debtors of the same order that can not be fully resold from the sale price are settled in proportion to the amount of their claims.
When solving settlement proceedings, the court will only consider those claims for which the enforcement order has become legally valid until the day of settlement.
The remaining selling price that is left for settlement will be handed over to the executive duo if there is no interference.
Arranging by paying a thing to an outstanding debtor
If the matter could not be sold at the second hearing on the tendering or direct settlement in the deadline set by the court, in front of l og izvrnog creditor , the court shall award the thing reverse a creditor.
In the case referred to in paragraph 1 . Of this Article , it is considered that the executing debtor is settled at an amount corresponding to one half of the estimated value of the item.
Applying Provisions on Execution on Immovables
The provisions of this law on the execution of immovable property related to the question of who can not be a buyer, denial of search, referral to litigation and settlement of disputes, are also applied in respect of execution on movable property for settlement If the provisions of this chapter are not otherwise defined.
5. Produced execution procedure for the collection of cash demand a
Conditions for Launching the Procedure
Turn out the creditor, which in reverse a post in PKU is not more fully settled may submit a request to the court for obtaining a declaration of assets izvrnog Dunik, which acquired the right to demand the implementation of execution on the property izvrnog A man who had not known him until then.
The Court will issue a ruling ordering the executing officer to deliver to the court a declaration of property within ten days .
If the executing judge fails to comply with the court’s order within the time limit, the court will issue a ruling on the term for which he will summon the executing judge to the court record to declare the property.
The court will issue the ordination forced to in f learning izvrnog Dunik, if fails to comply with a court order or not access to a hearing scheduled.
Upon receipt or receipt of the property declaration court, a court sends a copy of the property declaration to the executing debtor.
The consequences of giving incomplete or inaccurate data
If an executable is found to be incomplete or inaccurate data in a property claim , it will be considered that by such good presentation or concealment he misled the executing debtor and thus prevented the executing debtor from collecting his claims enjoyment of the property by the display-member , or concealed .
Anyone with a the interested person determines that the declaration of assets is incomplete and or inaccurate , the power to initiate criminal proceedings against izvrnog Dunik.
Enroll in the book of executives
The Court is obliged to keep a record of executives holding a record of executives with their statements of property.
The Court is obliged to make the entry of the executing officer in the book of executives within three days of the receipt of the property declaration or the receipt of the property declaration on the record.
At the request of the executing court, the court will make the deletion of the enrollment, after the expiration of the period of three years from the date of registration .
The court moe izvriti deletion and before the deadline specified in paragraph 3 , if the creditor on whose request the executive sign the guestbook The unique Dunik , submit a statement to the court that his claims settled.
The consequences of enrollment in the book of executives
Any interested person may request the court to be granted access to the book of executives or to be given notice of the entry of a particular person in the book of executives.
At the request of persons demonstrating their legal interest, the court is obliged to grant access to the book of executives or to provide notice of registration of executives within three days from the date of the sub-claim .
Invert the creditor on the basis of whose requirement is turn the Dunik made a statement on the assets, the records in the book The unique Dunik not acquire priority in the payment of their claims from the assets listed e in a statement on assets compared to Other debtors to the same executives.
Against the reckoning of the entry in the book of executives, the perpetrator may file a complaint within three days from the date of delivery .
The objection shall be decided by a greater than one judge within three days of receiving the objection .
An objection stops the entry of an executive duo into the book of executives.