Notary executive inscription in Belarus
One of the means of debts collection in the Republic of Belarus is notary executive inscription, which allows to satisfy the financial claims of the creditors out of court.
The most common cases of debt collection under an executive inscription:
- claims based on a loan agreement;
- debts on notarized transactions;
- rent arrears;
- claims of legal entities (individual entrepreneurs), based on contracts of sale, supply, construction work contract, transportation, paid services, storage, forfeit (fine, penalty) in connection with the debt, if payment is provided for by legislation or an agreement recognized by the debtor in writing.
How to challenge a notary's executive note?
The current legislation provides for several legal mechanisms that make it possible to cancel the notary's executive inscription. The choice of the method of protection depends on the basis of which documents and in what order the notary executve inscription was made. Our lawyers will be able to give a legal assessment of the current situation, analyze the prospects for appealing the executive inscription, prepare the necessary procedural documents, and ensure the protection of the principal's interests in court.
Filing a claim on recognizing a notary's executive inscription as not a subject of execution
In cases where the debtor does not agree with the financial claims, for example, believes that he does not have an actual debt to the creditor, or the amount of the collected penalty clearly does not correspond to the violations committed by the debtor, then the appropriate way of legal protection is the recognition of the executive inscription as not subject of execution. Such claim of the debtor is considered by the court as the claim in action proceedings. Note: in the mentioned cases, a state duty is paid at the rates established for property disputes. In exceptional cases, when, for objective reasons, the debtor does not have the funds to pay the state duty, the court may release the interested person from the need to pay it. In this case, our attorneys at law in addition to the statement of claim for recognizing the executive inscription as unenforceable, as well as other procedural documents, prepare a petition for exemption from payment of state fees.
Filing a complaint against notary's actions
If in the process of making a executive inscription, mistakes were made, for example, the claimant did not submit the package of documents established by the legislation, but the notary still made an executive inscription, then the debtor has the right to file a complaint against the notary's actions. The complaint is filed with the court at the location of the notary's office. When filing a complaint with a court, the state fee is paid at the rates established for non-property claims.
Suspension of notary executive note
For the period of consideration of a complaint against the actions of a notary or a statement of claim on the recognition of executive inscription as unenforceable at the request of a debtor or a lawyer participating in the case the collection of funds may be suspended. This issue shall be resolved by the court considering the case without notifying the parties of a dispute.
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