The enforcement agent compulsory executes execution documents. Execution documents are judicial decisions and other documents that can be taken on compulsory execution without starting a court case: different administrative legislations (such as tax arrears, parking tickets) and also some contracts (contracts approved by notarys in which both sides of the affair are obligated to immidiate compulsory execution if the requirements of the contract are not met)
Usually compulsory execution means recovering property (the enforcement agent attaches and sells the obligor’s assets), but it can also comprise evicition, removal and returnal of child from parent etc. When the person doesn’t want to comply with juidical decisions or other execution documents, then he or she must pay the enforcement agent´s fee and compensate the expenses.
Everyone has the right to receive information about the executive actions which are used to accept the claims against the person.
In Europe, the enforcement agents are usually working in public institutions or are freelancers. In Estonia, the occupation of a enforcement agent is, similarly to the occupations of notary and sworn translator, freelance, which means that a enforcement agent isn’t a economic operator or a national official. This has two advantages: the State doesn’t have to spend taxpayers money for compulsory execution (enforcement agents manage themselves with the resources coming from obligors´ claims) and enforcement agents are more motivated (that is also seen in Estonia – as soon as freelance enforcement agents started working, the quality of compulsory execution improved drastically)
After a meticulous control (candidate service, exam, competition) the enforcement agent opens a bureau where he/she acts on his/her own responsibility and under his/her name. The State doesn’t pay to the enforcement agent nor takes responsibility for his/her actions. To lower the risks, the enforcement agent must have a liability insurance
Bailiffs’ Occupational Union:
1) elects, and when needed, calls back the Enforcement agents’ Occupational Unionboard before the deadline;
2) elects two enforcement agents to participate in the audit committee’s work;
3) elects three enforcement agents to participate in the court of honour’s work;
4) elects one enforcement agent to participate in the examination board’s work;
5) establishes the size of enforcement agent’s membership fee;
6) establishes good traditions of the enforcement agents’ occupation;
7) gives instructions to equalize enforcement agents’ practice of occupation;
8) decides other questions asked in the law and in the Chamber’s statutes.