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Procedural Steps for Settlement of Claims in Utilities Enforcement Proceedings

This presentation provides a comprehensive overview of the enforcement procedure for settling claims related to utilities and similar services. It highlights common problems and delays that may arise during each step of the procedure, offering brief explanations. The presentation also includes a link to a summary report on the topic for further information.

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Procedural Steps for Settlement of Claims in Utilities Enforcement Proceedings

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Presentation Transcript

  1. MAP OF SPECIAL ENFORCEMENT PROCEEDINGS FOR SETTLEMENT OF CLAIMS IN RESPECT OF UTILITIES AND SIMILAR SERVICES UNDER THE 2011 ACT ON ENFORCEMENT AND SECURITY This presentation shows all procedural steps in the enforcement procedure for settlement of claims that stem from utilities and similar services (the de jure map of the procedure). It also indicates at which steps, according to the bailiffs who regularly carry out this procedure, problems or delays usually occur or might occur, and provides brief explanations in this regard (the de facto map of the procedure). How to use this presentation To see the most important rules applying to each step, click on the arrow next to the step. To see a brief explanation of how and why delays and other problems occur, click on the black field indicating where those occur. For more information on how the divorce procedure look in practice, see a summary report on the research dealing with this topic, available on the following link: http://mdtfjss.org.rs/archive//file/Mapping%20the%20Way%20through%20the%20Court%20and%20Enforcement%20Procedures.pdf

  2. The procedure for settlement of claims stemming from utilities and similar services is regulated by the Act on Enforcement and Security (hereinafter AES), which was adopted in 2011. Basic and commercial courts shall have substantive jurisdiction in enforcement and security proceedings pursuant to the law governing the jurisdiction of courts, with the exception of reviews of extraordinary legal remedies where court jurisdiction shall be determined in accordance with the law (Article 3, Paragraph 1). A motion to enforce based on an authentic document for the satisfaction of a pecuniary claim in respect of rendered utility and similar services shall be filed with the bailiff appointed for the area in which the enforcement creditor is headquartered (Article 252, Paragraph 1).

  3. ENFORCEMENT PROCEEDINGS de jure 1. WARNING TO THE DEBTOR 2. FILING A MOTION TO ENFORCE 3. CONCLUSION OF THE BAILIFF WAYS OF ENFORCEMENT 4. SERVICE OF ENFORCEMENT RULINGS 4A. OBJECTION AGAINST THE CONCLUSION OF THE BAILIFFT 4B. DECISION ABOUT THE OBJECTION 5. REALIZATION OF THE ENFORCEMENT 6. CONCLUSION OF ENFORCEMENT 6B. COUNTER-ENFORCEMENT OBJECTIONS BY THIRD PARTIES STEPS THAT CAN BE MADE AT ANY STAGE OF ENFORCEMENT PROCEEDINGS (STEPS 2-6) PROCEDURE FOR OBTAINING STATEMENTS OF ASSETS FROM ENFORCEMENT DEBTORS

  4. problems problems ENFORCEMENT PROCEEDINGS de facto 1. WARNING TO THE DEBTOR 2. FILING A MOTION TO ENFORCE 3. CONCLUSION OF THE BAILIFF problems and delays WAYS OF ENFORCEMENT 4. SERVICE OF ENFORCEMENT RULINGS 4A. OBJECTION AGAINST THE CONCLUSION OF THE BAILIFFT 4B. DECISION ABOUT THE OBJECTION 5. REALIZATION OF THE ENFORCEMENT 6. CONCLUSION OF ENFORCEMENT 6B. COUNTER-ENFORCEMENT OBJECTIONS BY THIRD PARTIES STEPS THAT CAN BE MADE AT ANY STAGE OF ENFORCEMENT PROCEEDINGS (STEPS 2-6) problems PROCEDURE FOR OBTAINING STATEMENTS OF ASSETS FROM ENFORCEMENT DEBTORS

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