Obligation to act and / or not to act
Emission and eviction of / from immovable property
Sequestration and return on possession of movable property
METAJ LAW guarantees the creditor's advice on the legal consequencesof procedural actions from initiation of the enforcement procedureand continuous information on the actions undertakenin function of performing the enforcement.
- ● Procurement of data on the debtor's property
- ● Procurement of databy the competent body for the identity and address of the debtor
- ● Procurement of extract from public register, of certificate or copy from the court or other authority
- ● Submission of documents which emerge within the work of the Private Enforcement Agent.
- ● Submission of court documents and documents of other administrative authorities and public institutions
- ● Drafting a proposal for enforcement and other proposals, order for enforcement and conclusion
- ● Compilation of applications, compilation of minutes, official notes
- ● Compilation of response in opposition
- ● Participation in public salesand undertaking enforcement actions outside the office
- ● Viewing of movable and immovable items
- ● Participation in the trial session regarding the request for avoidance of irregularities if request is refused
- ● Issuance of certificates from the case in which the Private Enforcement Agent acts
- ● Enforcement of actions foreseen by Law on Enforcement Procedure
- ● Inventory of movable items
- ● Preservation of valuable items which are appropriate for this purpose
- ● Sale of confiscated items in the foreseen legal ways
Who pays the expenses of enforcement procedure ?
Expenses of procedure regarding the assignment and completion of the enforcement beforehand shall be borne by the proposer of enforcement, respectively creditor to be reimbursed to the latter by the debtor.
Entry into the force of the Law on Enforcement Procedure No. 04/L139 in Republic of Kosovo aims at the fair and non delayed implementation of the enforcement procedure, therefore, in meantime opened a way for our Company through the Enforcement Agent to provide efficiency and speed in implementing enforcement actions.
What is Private Enforcement Agent?
Private Enforcement Agent is an official person with public authority appointed by the Ministry of Justice of Republic of Kosovo for implementation of enforcement actions in accordance to the Law on Enforcement Procedure.
Enforcement Agent exercises its function in all territory of Republic of Kosovo without restriction of territorial competences according to the basic courts of respective municipalities.Private Enforcement Agent is obliged with professionalism and correctness to apply the law, but always respecting the rights and dignity of all parties in procedure.
How the enforcement procedure is initiated?
Enforcement procedure can be initiated with the proposal of creditor toward the debtor and/or debtors with the purpose of execution of his right, while is appointed and implemented the Private Enforcement Agent only on the bases of the Enforcement document (Executive Title) and Reliable Document. Creditor can be a physical person or legal authority established according to the Law on Commercial companies, as well as the debtor /s can be physical, legal and/or public person.
What is considered Enforcement Document in accordance to the Executive Title?
In accordance to the Law on Enforcement Procedure, enforcement documents with executive title are.
- ● Executive Decision of Court and the deal(Judicial Reconciliation).
- ● Executive Decision provided in the administrative procedure and Reconciliation Act.
- ● Notary executable document pursuant the Law on Notary.
- ● Agreement entered in the mediation procedure the Law on Mediation after approval of Court.
- ● Rulings, acts and memorandums for judicial dealings of foreign courts as well as the decisions of the foreign arbitral tribunals and the deals reached before such courts in arbitration cases which are accepted for enforcement within the territory of Republic of Kosovo.
- ● Decisions and enforcement agreements of arbitration in the Republic of Kosovo declared enforceable by the Court.
- ● Mortgage contract registered in the public registry according to law.
- ● Court Decision certified as a European enforcement order.
- ● Document or another act which by law is called enforcement document.
What is considered Reliable Document?
- ● Bills of exchange and checkswith return receipt.
- ● Extracts verified from business books for payments of municipal services of water supply, electricity and waste collection.
- ● Invoices.
- ● Documents which in accordance to special law provisions have a importance of public documents.
What should contain the enforcement proposal?
Proposal for Enforcement must contain request for enforcementin which will be shown the original enforcement document or certified copy or reliable documentunder which the enforcement is required, requester of the enforcement and debtor, address of residence - residence or business headquarters of the creditor and debtor, the loan required to be realizedas well as the means through which enforcement is to be carried out, the object of enforcement if it is known, as well the other data which are necessary for the enforcement.
Useful links: Ministry of Justice | Ministry of Trade and Industry | Tax administration of Kosovo | Basic Court Pristina