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Enforcement notice, enforcement proceedings

The bailiff advises you to comply with the enforcement instrument voluntarily. The enforcement instrument indicates the amount owed with the fees of the bailiff and a reference of the possible default interest that may be added. The term for voluntary compliance with an enforcement instrument is 30 days as of the day of receipt of the enforcement notice. The term for voluntary compliance may not be longer than 10 days in the case of a claim for maintenance support. If an enforcement instrument is complied with before the expiry of the term granted for voluntary compliance with the enforcement document, only half of the basic fee for commencement of enforcement proceedings may be charged from the debtor. Basis: subsection 32 (4) of the Bailiffs Act. A claim is deemed to have been appropriately paid during the term for voluntary compliance only if the default interest set out in the enforcement instrument is also paid.

If the enforcement instrument has not been complied with within the term granted for voluntary compliance, the bailiff must take any and all measures permitted by the Code of Enforcement Procedure for enforcement of the enforcement instrument and will claim payment of the bailiff’s fee to the full extent provided for in the Enforcement Officers Act. Additional enforcement expenses, including the enforcement officer’s additional fee for making enforcement acts, may be added to the claim in the course of the enforcement procedure. Enforcement costs will be borne by the debtor. Basis: subsections 30 (1) and (2) of the Bailiffs Act.

All amounts to be collected (incl. enforcement costs) must be paid to the bailiff’s occupational current account in AS SEB Pank: EE131010010236765018 (payee Oksana Kutshmei). When transferring the money, please write the following in the details field: number of the enforcement matter 084/20__/--/, debtor’s first name and surname.

If, in the course of an enforcement procedure it is established that the debtor has settled the claim with respect to the claimant in conformity with the requirements before the claimant has submitted the petition to the bailiff, the claimant will pay the fee for commencement of the enforcement procedure. Basis: subsection 41 (1) of the Bailiffs Act.

If the debtor fulfils the claim in conformance with the requirements after submitting the petition to the bailiff but before the receipt of the enforcement notice, the debtor will pay 15 euros. Basis: subsection 41 (1) of the Bailiffs Act.

If the claim was fulfilled on the same day with the delivery of the enforcement notice, fulfilment will be deemed to be performed after the delivery of the enforcement notice and the debtor will pay the fee for commencement of proceedings. Basis: subsection 41 (1) of the Bailiffs Act.

If a claimant applies for termination of an enforcement procedure before the full collection of the claim by a bailiff and the bailiff has carried out procedural actions for collecting the claim, the claimant will pay the fee for commencement of the procedure and a half of the basic fee for the procedure, taking into account the amount not collected. Basis: subsection 41 (2) of the Bailiffs Act.

When you receive an enforcement notice, please fill in the enclosed data form, scan it and e-mail it to us, send it by post or deliver it personally to our office, or leave the completed form in the mailbox by the door of the bailiff’s office. You will also find the personal data form at our website under For the Debtor – Forms – Debtor’s notice after receipt of enforcement notice. Submitting the data form and documents to the bailiff guarantees that the minimum means of subsistence prescribed by law will be correctly applied to you. Please also send us the documents confirming your income for the application of the minimum means of subsistence: bank account statement for the last six months (in pdf format if you submit it by e-mail), a copy of your employment contract, a copy of the certificate issued by the Unemployment Insurance Fund, etc.

The debtor has the right to receive information within the scope of the enforcement proceedings and, if necessary, make an appointment to see the bailiff. If you’re represented by a third party, the power of attorney that confirms representation must be submitted to the bailiff.

Read also the information in the section meant for debtors.