What is an injunction to secure claims?
In order for a case to be referred for examination under the order for payment order proceedings, specific conditions must be met, which are regulated in the provisions of civil law. It is worth mentioning that this procedure is purely optional, which means that the creditor decides whether this is how he wants to pursue his claim. The first and, at the same time, the most important condition is that the creditor has obvious evidence, i.e. evidence that will unequivocally convince the court to issue an appropriate order for payment. For this purpose, it is necessary to secure the claims. What exactly is securing claims in an injunction proceedings - we explain below.
In order for the case to take effect under the injunction proceedings, the creditor must file a claim and meet two conditions provided for by law:
the demand pursued in the lawsuit must be a monetary claim or the provision of other things,
the pursued claim must be appropriate evidence confirming its legitimacy, i.e. an official document, a bill accepted by the debtor (invoice), an agreement with the debtor.
Securing the claims pursued is an institution introduced into civil law in order to guarantee the creditor protection of the rights and interests asserted by him, mainly in connection with the waiting time for the date of the hearing, which can be quite distant and there is a real risk that the debtor could take steps to get rid of his rights and interests. property.
The first element to be performed in order to obtain such security of claims is the creditor submitting an appropriate application to the court (application for security). The application must be submitted before the initiation of the proceedings, i.e. before the filing of the claim, however, the law also allows the submission of the application during the pending proceedings.
When will the court fail to secure the claims?
Of course, the court will not grant security for claims without appropriate grounds. The following should be taken as such grounds:
- the existence of a claim to be secured,
- legal interest in obtaining security.
All the above-mentioned elements must be met together and, moreover, they must be substantiated by the creditor already in the content of the submitted application for security. Making probability means attaching to the application, for example, an invoice or an agreement with the debtor. Another premise is the legal interest in obtaining security. Such an interest exists in the case when the failure to secure the security prevents or significantly hinders the execution of the case.
Security of claims - when can precautionary proceedings be opened?
If the creditor already obtains an order for payment, he may initiate proceedings securing claims, indicating the manner of securing the claims. Such methods include:
- attachment of movable property, remuneration for work, receivables from a bank account or other receivables or other property rights;
- encumbering the obligated property with a compulsory mortgage;
- prohibiting the sale or encumbrance of real estate that does not have a land and mortgage register or whose land and mortgage register has been lost or destroyed;
- a ship or a ship under construction is encumbered with a maritime mortgage;
- the establishment of a ban on the disposal of the cooperative ownership right to the premises;
- establishment of compulsory administration over an enterprise or a farm of the obligated person or an establishment forming part of the enterprise or part thereof, or a part of the farm of the obligated person.
It is worth adding that the creditor may also submit an application for securing claims even before the order for payment becomes final. The amounts awarded by the order for payment are secured in the writ of payment proceedings by the court bailiff, who places the collected amount from the debtor in a court deposit.
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