After an enforcement officer has received a case, within 5 days he has to send a statement to a debtor regarding the voluntary fulfillment of the requirement stipulated by an enforcement sheet. Moreover, the enforcement officer immediately starts registering and sequestrating the property of the debtor. The action is stipulated by the Law on Enforcement Proceedings.
Via the statement, the enforcement officer warns a debtor that if the decision has not been enforced within the deadline, it will be followed by a compulsory enforcement, specifically, the lawful measures like the evaluation of the sequestrated property and it's selling at the forced auction in a month's time. A debtor is warned of the feasible fine totaling the full amount of the enforcement-related fees that is 7% of the requirement if the obligation hasn't been fulfilled voluntarily. In case the debt has been paid in time, a debtor has to pay only 2% of the requirement costs.
Debtor' s rights are also defined in the statement - attending the enforcement procedures, familiarizing with the relevant materials, being provided with the necessary data except the confidential information referring to enforcement and the one including commercial secrecy (tax and bank-related), reaching an agreement with a creditor, arguing about the belonging of the property or its price, introducing individuals interested in the purchase of the realization-bound property to the enforcement officer, appealing against the enforcement officer action within a month.
The number of proceeding is indicated in the statement. A debtor can view the procedures, enforced actions and the relevant documentation of the specific case by putting the number in the electronic register posted on the NBE website.
A contact detail of the NBE information center (+995-32-749-649) is included in a statement. Thus, any debtor can call and receive information concerning the specific case or in case he/she thinks his/her rights have been violated.
The deadline set for the voluntary fulfillment of the statement is identified according to the type of the case to be enforced and the debtor. Specifically, if a debtor is a natural person or a legal entity of private law, he/she is given a 7-day deadline, in case it is a budget organization or a legal entity of public law-a month's time.
Moreover, a 7-day deadline is valid for imposing fines on administrative and criminal cases, ceasing constructions and unauthorized dismantling, full or partial dismantling of ongoing construction efforts, also the buildings having been built against the norms stipulated by the law, levying a fine on law-breaking during the architectural-construction activities. A 10-day deadline is for statements that refer to withdrawal of an item from an illegal owner.
If a case refers to decisions to be enforced in immediate terms, a statement is sent to a debtor regarding the urgent fulfillment of the decision. The following decisions are bound to instant enforcement:
a) paying alimony;
b) imposing taxes with the reason of undoing harm caused by mutilation or any other type of health deterioration, also by the death of a bread-winner;
c) Awarding a worker of 3 month's salary at most;
d) Restoring a worker having been unfairly dismissed or appointed to a different position;
The deadline for the voluntary fulfillment of the decision is calculated from the moment the relevant statement has been handed to the debtor. The enforcement officer sends a statement at the address indicated in the enforcement sheet or the creditor's application. The statement is considered as delivered if it has been handed to the debtor himself/herself or any of the family members of the full legal age.
If the first attempt fails, the statement is resent. In case the second attempt also fails, then the statement is publicized in a paper and it is automatically considered to be handed in.
The enforcement officer's requirements defined in a statement are compulsory for all the physical and juridical persons despite their submission and organizational-legal considerations.
