About enforcement proceeding

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).

The enforcement proceeding will be carried out basically under Enforcement agents Act https://www.riigiteataja.ee/en/eli/ee/524032015007/consolide/current and Code of Enforcement Procedure https://www.riigiteataja.ee/en/eli/ee/516092014002/consolide/current in Estonia. You may freely choose bailiff for proceeding your claim from this Estonian region, where the debtor or one’s assets are locating (e.g. Harju working area). You can find enforcement agent’s bureaus contacts from here. Normally, the debtor has to cover all expences concerning to the enforcement proceeding, but the enforcement agent has the right to ask advance payment of enforcement agent’s fee from the claimant.

By sending the enforcement document (court’s verdict) to the enforcement agent, please add also the signed application for enforcement proceeding. Please find the formula of the application from below of this chapter.

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  are usenforcement agent ually 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 agent manage themselves with the resources coming from obligors´ claims)  and enforcement agent are more motivated (that is also seen in Estonia – as soon as freelance enforcement agent 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

Occupational Union Assembly of Enforcement agents’:

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 agent 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 agents’ 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.

Fail:

• Application for enforcement proceeding