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Defense before the court in Order proceedings and before the PEA in enforcement cases.

PEA can liquidate private property

  Chapter 37 of the Civil Procedure Code. The legislator has provided 2 possibilities for this under Art. 410 of the Civil Procedure Code or respectively under Art. 417 Code of Civil Procedure. In the first case, the creditor / applicant requests the issuance of an enforcement order: 1 /. for receivables for monetary amounts or for substitutable items, when the claim is before the district court or for the transfer of movable property, which the debtor has received with an obligation to return or encumbered by a pledge or transferred by the debtor with an obligation to hand over the possession when the claim is adjudicated to the district court , as the Application contains a request for issuance of a writ of execution and must meet the requirements of Art. 127, para. 1 and 3 and Art. 128, items 1 and 2 of the Civil Procedure Code. The application shall also indicate a bank account or other method of payment. It is required that when the receivable arises from a contract concluded with a consumer, the contract shall be applied, together with annexes and general conditions to it. In this first case, the court checks for local jurisdiction / ex officio /, whether there are unfair terms, inconsistency with the law or good morals and issues an Enforcement Order, which serves the debtor. He has the right to appeal within a month. If such does not happen, the Order is stabilized and a writ of execution is issued in favor of the creditor / applicant. On the basis of it an enforcement case is initiated. In the second hypothesis under Art. 417 of the Civil Procedure Code Order for execution on the basis of a document. These are: 1 /. act of an administrative body, according to which the admission of the execution is assigned to the civil courts:a document or an extract from the accounting books establishing receivables of ;2/.state institutions and municipalities, or an extract from the accounting books of a bank, to which the document from which the receivable of the bank arises is presented, together with all its appendices, including applicable general conditions ; 3 /. a notarial deed, agreement or other contract, with notarized signatures on the obligations contained therein for payment of sums of money or other substitutable items, as well as obligations for the transfer of certain items; 4 /. extract from the register of special pledges for registered collateral and for commencement of performance - regarding the transfer of pledged items; 4 /. extract from the register of special pledges for registered collateral and for commencement of performance - regarding the transfer of pledged items; 5 /. an extract from the register of special pledges for a registered contract of sale with preservation of ownership until the payment of the price or a leasing contract - regarding the return of items sold or leased; 6 /. pledge agreement or mortgage deed under Art. 160 and Art. 173, para. 3 of the Law on Obligations and Contracts; 7 /. an act for establishing a private state or municipal receivable has entered into force, when its execution takes place by the order of this code; 8 /. entered into force mandatory prescriptions of bodies of the Executive Agency "General Labor Inspectorate" to the employer for payment of delayed more than two months monetary obligations under employment;  9 /. deed of deduction; 10 /. promissory note, bill of exchange or other promissory note equated to them, as well as a bond or coupons on it. Where the security secures a claim arising from a contract concluded with a consumer, the contract shall be attached to the application, if in writing, together with all its annexes, including the applicable general conditions. Immediate implementation follows Art. 418 of the Civil Procedure Code (1) When a document under Art. 417, on which the claim is based, the creditor may ask the court to order immediate execution and to issue an immediate writ of execution. In this second hypothesis, the debtor learns about the developed Order proceedings only from AIP received by the PEA or respectively from attachments, injunctions imposed on him immediately with the initiated enforcement proceedings. In this situation, there is again the possibility of an objection, which, however, does not cancel the Immediate Execution. It is possible to challenge the Order for Immediate Execution itself or to make a request for suspension of execution in order to protect ourselves from the actions of the PEA, ie. to be stopped.  Regardless of how the injunction proceedings have developed, the most important thing to know about it is to seek advice, consultation or representation from an experienced lawyer, because although the relevant changes have significantly increased the response time against these actions, they have remained largely preclusive. and their omission makes it impossible to protect the debtor's rights. Many different hypotheses and options for counteraction are possible, but the most important thing is for the lawyer to have the time to get acquainted in detail with the case, to conduct the relevant research, to find the most suitable option for a reaction in favor of his client.

  From the law firm Arabadjiev we always approach each case individually. It is IMPORTANT for us to inform our client about all the possibilities, to discuss with him all the options, their pros and cons and to build the right strategy. For this purpose, a study is made of both the enforcement proceedings with the PEA and the Order proceedings in the Court itself, because without complete information on the occurrence of the obligation there is no way to analyzes the possible protection.