{"id":12592,"date":"2020-01-23T14:18:18","date_gmt":"2020-01-23T14:18:18","guid":{"rendered":"https:\/\/kpkoda.ee\/kohtutaiturid\/taitemenetlusest\/"},"modified":"2025-01-18T11:50:44","modified_gmt":"2025-01-18T11:50:44","slug":"taitemenetlusest","status":"publish","type":"page","link":"https:\/\/kpkoda.ee\/en\/kohtutaiturid\/taitemenetlusest\/","title":{"rendered":"About enforcement proceeding"},"content":{"rendered":"

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 immediate compulsory execution if the requirements of the contract are not met).<\/p>\n

The enforcement proceeding will be carried out basically under Enforcement agents Act https:\/\/www.riigiteataja.ee\/en\/eli\/ee\/524032015007\/consolide\/current<\/a> and Code of Enforcement Procedure https:\/\/www.riigiteataja.ee\/en\/eli\/ee\/516092014002\/consolide\/current<\/a> in Estonia. You may freely choose enforcement agent 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.<\/p>\n

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.<\/p>\n

Usually compulsory execution means recovering property (the enforcement agent attaches and sells the obligor\u2019s assets), but it can also comprise eviction, removal and returnal of child from parent etc.\u00a0 When the person doesn\u2019t want to comply with judicial decisions or other execution documents, then he or she must pay the enforcement agent\u00b4s fee and compensate the expenses.<\/p>\n

Everyone has the right to receive information about the executive actions which are used to accept the claims against the person.<\/p>\n

In Europe, the\u00a0 are enforcement agent 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\u2019t a economic operator or a national official. This has two advantages: the State doesn\u2019t have to spend taxpayers money for compulsory execution (enforcement agent manage themselves with the resources coming from obligors\u00b4 claims)\u00a0 and enforcement agent are more motivated (that is also seen in Estonia \u2013 as soon as freelance enforcement agent started working, the quality of compulsory execution improved drastically)<\/p>\n

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\u2019t pay to the enforcement agent nor takes responsibility for his\/her actions. To lower the risks, the enforcement agent must have a liability insurance<\/p>\n

Occupational Union Assembly of Enforcement agents’:<\/p>\n

    \n
  1. elects, and when needed, calls back the Enforcement agents\u2019 Occupational Union board before the deadline;<\/li>\n
  2. elects two enforcement agents to participate in the audit committee\u2019s work;<\/li>\n
  3. elects three enforcement agent to participate in the court of honour\u2019s work;<\/li>\n
  4. elects one enforcement agent to participate in the examination board\u2019s work;<\/li>\n
  5. establishes the size of enforcement agents\u2019 membership fee;<\/li>\n
  6. establishes good traditions of the enforcement agents\u2019 occupation;<\/li>\n
  7. gives instructions to equalize enforcement agents\u2019 practice of occupation;<\/li>\n
  8. decides other questions asked in the law and in the Chamber\u2019s statutes.<\/li>\n<\/ol>\n

    Fail:<\/strong><\/p>\n