Appeal against the writ of execution

Executive inscription of a notary in Belarus

One of the ways to collect debt in the Republic of Belarus is a notary’s writ of execution, which allows you to satisfy the financial demands of collectors out of court.

The most common cases of debt collection under a writ of execution:

• according to requirements based on the loan agreement;
• debts on notarized transactions;
• rent arrears;
• By requirements legal persons (individual entrepreneurs) debt By contracts purchase and sale, supplies, contract, transportation, compensated providing services, storage, penalties (fine, penalties) V communications With such debt, If her payment provided legislation or agreement, recognized debtor V written form. 

How to challenge a notary's writ of execution?

Current legislation provides for several legal mechanisms that allow you to cancel a notary’s writ of execution. The choice of method of protection depends on on the basis of what documents and in what order the writ of execution was made. A lawyer for the cancellation of a writ of execution will be able to give a legal assessment of the current situation, assess the prospects for appealing the writ of execution, prepare the necessary procedural documents, and ensure the protection of the interests of the principal in court.

Filing a claim in court to recognize a writ of execution as unenforceable

In cases where the debtor does not agree with the financial claims presented, for example, he believes that he has no actual debt to the claimant, or the amount of the collected penalty clearly does not correspond to the violations committed by the debtor, then in this case the appropriate method of legal protection is to recognize the writ of execution as not subject to execution. The said claim of the debtor is considered by the court in the manner of claim proceedings. It should be noted that when applying to the court with a request to recognize the writ of execution as not subject to execution, a state fee 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 exempt the interested person from having to pay it. In this case, the lawyer for the cancellation of the writ of execution, in addition to the statement of claim to recognize the writ of execution as not subject to execution, as well as other procedural documents, must prepare a petition for exemption from paying the state fee.

Filing a complaint against the actions of a notary

If in the process of making a writ of execution by a notary, errors are made, for example, the claimant did not submit the package of documents established by law, but the notary still made the writ of execution, the debtor has the right to file a complaint against the actions of the notary. The complaint is filed with the court at the location of the notary's office or notary office, and must be considered by the court with the involvement of a notary in the proceedings, whose actions are called into question by the debtor. The state fee when filing a complaint with the court is paid at the rates established for non-property claims.

Suspension of writ of execution

It is important to note that during the consideration of a complaint against the actions of a notary or a statement of claim to recognize the writ of execution as not subject to execution, at the request of the debtor or lawyer participating in the case to cancel the writ of execution, the collection of funds may be suspended. The issue of securing a claim is resolved by the court hearing the case without notifying persons legally interested in the outcome of the case. An application for securing a claim is considered on the day it is received, and in the case where an application for securing a claim is contained in an application to initiate a case, on the day the ruling to initiate a case is made.