The costs of enforcement proceedings - who should pay them?


Enforcement proceedings are often associated with incurring many fees. The costs of the bailiff's actions in connection with the enforcement are quite substantial. All fees that we have to make to the bailiff constitute his income, remuneration, i.e. costs of protection of the seized property of the debtor and personal protection and property insurance of the office, as well as own liability insurance, costs of travel in a place other than the bailiff's seat, correspondence, money turnover , transport of small movable property that do not require specialized transport, obligatory fees for the bailiff's self-government and other costs necessary to perform activities and proper conduct of the proceedings. It is from these costs, which constitute the enforcement fee, that the bailiff covers the above-mentioned ones. When discussing the subject of this article, it is necessary to analyze the distribution of such fees as the costs of enforcement proceedings, taking into account the parties to such proceedings (the creditor and the debtor).

Costs of enforcement proceedings - debtor

It should be clarified that the debtor as a party to enforcement proceedings, who, as it is easy to guess, did not want such a solution at all, will never be the first to cover the costs of the proceedings in advance. However, there is a possibility in which the debtor will have to reimburse the costs of enforcement proceedings to the creditor. The principle resulting from the Code of Civil Procedure is that it is the debtor's responsibility to reimburse the costs of enforcement necessary for its deliberate execution. Such costs are determined by the bailiff and they are asserted simultaneously with the claim, with the costs of enforcement being covered in the first place.

Costs of enforcement proceedings - the creditor

The situation in which the creditor will be obliged to bear the costs of enforcement is when the enforcement proceedings are discontinued at his request or discontinued by operation of law due to the creditor's inactivity. Then the debtor is entitled to claim reimbursement of the costs of the enforcement proceedings. The condition for the reimbursement of costs to the debtor is the demonstration by him that the court judgment on the basis of which the enforcement proceedings were initiated and conducted has expired, has been repealed, changed or the writ of execution has been deprived of its enforceability.

Costs of enforcement proceedings - dismissal

The possibility of exemption from enforcement costs has been provided for both the creditor and the debtor. Such a privilege derives from Art. 771 of the Code of Civil Procedure and in accordance with it, if a party was exempted from paying court costs in civil (examination) proceedings, then also in enforcement proceedings, he is released from them. Another possibility is provided for in the Act on Court Fees in Civil Proceedings, and under it, a natural person who has submitted a declaration confirming his / her poor material and financial condition and is unable to bear such costs without prejudice to the maintenance necessary for himself and his family may be exempted from enforcement costs. In addition, court fees are exempted from public order organizations operating pursuant to the Act on Public Benefit and Volunteer Work.

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