TNBiz (TNBiz)
Personal finance  |  February 13, 2013 11:29:49

Execution threatening you? Read the Ten Things You Should Know


President Vaclav Klaus on Monday signed a law on consumer credit, which the government is trying to hit a little bit aggressive in the market for non-bank loans. However, as pointed out by Finance Minister Miroslav Kalousek (TOP 09), the state can not protect a man in front of his own irresponsibility or lack of information.

Pays two main principles: do not overestimate its financial strength, when you take a loan, it will always have to pay, for one thing. Second, if you have already got into trouble, do not hide and communicate. The more you avoid the solution, the greater the financial grave digging underneath.

If you are thus left trapped into debt trap and threatens you visit executor, you should know what are his powers, and what you actually expect.

First reward executor
Reward executor determines Decree of the Ministry of Justice, shall be borne by the borrower. The law sets it to the minimum value of three thousand. When the amount owed falls into the category of under three million crowns, the executor is entitled to fifteen percent. If the eviction of property is the executor entitled to ten thousand. Remuneration and expenses charged to the borrower falling, costs are a flat rate of 3,500 crowns, if the executor claims more should their demands in writing to substantiate and justify.

Second foreclosure pets
Execution may apply only to livestock, from which it benefits. Therefore do not have to worry that you grab a dog, a cat or a parrot. Similarly, the executor has the right to confiscate wedding rings, medical equipment or clothing.

Third executor may act only on the basis of a court decision
Without a court decision in hand, the executor may not exceed your threshold, definitely let him show you. The court shall decide on the basis that the creditor approach him with a request, to meet your obligations. The debtor may oppose the proposal to postpone the execution, however, is the need to meet the statutory deadlines - you must file an appeal within fifteen days. If you take the role of possum, you will not pick subpoenas and communicate with delegated authorities to rob yourself of the opportunity to discuss with. You will be considered to be informed and do not submit the proposal from being seized, it is true that you have to accept the decision.

4th seizure of property
Foreclosure is a last resort, to which the executor has to resort. If you communicate with him then, if you want to arrange a payment scheduleand collaborate, yet executor stick to your furniture yellow stickers, immediately contact the Chamber of Executors or the Ministry of Justice, as executor exceeds its statutory powers. However, if you do not answer phones and assume a subpoena, you drove yourself into a corner. Before resorting to confiscation of property, the law establishes the procedure from payroll deductions or recovery of money from the account. When you communicate, the executor will never demolish whole paycheck, so protect yourself.

5th amicable solution
Executor is obliged to seek an amicable solution to your problem, that is, to discuss ways to eliminate debt without having to liquidate you. Even if you are not in a position to be able to pay the accumulated debt, contact an executorand agree with him on solutions such as payment schedule. The Code of Ethics of the profession necessarily directs the executor to you looking for an acceptable solution.

6th reasonable amount of execution
If you owe twenty thousand own a car, a house, you must make the executor in selling the house because they sell enough cars to cover the debt. Consequently, there must always act appropriately. But if you can not find another solution, and the house will be the only thing short of, left with nothing but the direct executor of his sales. Excess over the amount owed accrues to you.

7th seizure of foreign property
Into trouble you can get, without themselves borrowed a penny. Sample examples: you live in rented accommodation, paying rent regularly and energy, but the owner of the apartment debt.If not resolve the situation, it may be that the rings you and starts executor polepovat your furniture. Or are you in such a situation can bring your child with you at the reported residence, even if you have ten years to be seen. Unfortunately executor in this case according to the law and it is you who must prove that the property does not belong to the debtor. The first option is that you can prove ownership executor. If you do not have to hand the necessary documents and executor refuses to acknowledge that things belong to you, you have thirty days to contact the court. Can be used as evidence of invoices, receipts, purchase contracts, as well as the testimony to be your neighbor.

8th execution without notice
The person to whom you owe a duty under the amended Act, we will first inform you that he wants his money back, and then turn up the action on the court. Challenge you must arrive at least one week in advance to the contact or the last known address. There is no cost to the subpoena not collected - after the deadline will be considered delivered, even if you do not open the postman. Damaging ice themselves, until the dispute gets to court, you still fall to the court fees and possible reward for the executor.

9th out for collection agency
Enforcement of court foreclosures Instructs only authorized executors associated in the chamber, subject to a number of control mechanisms by the Ministry of Justice and must follow the law.Apart from them, but the market still operate so-called collection agency, which can be opened by anyone and not to ministerial responsibility. Workers agencies will make every cover up before you, they are not officially authorized, but remember that they have the relevant powers. If one of you who will claim the debt, can not demonstrate appropriate documentation, immediately contact the Department of Justice or Executors chamber and do not be blackmailed.

10th complaint
If you have the impression that the executor did not proceed correctly, deliberately damaged your property (for example, broke the door without rang, and while you were at home) or enriched, you can report him to the police. For the damage that the executor in the performance caused corresponds to him. The seized property shall be disposed of - said the law - as a good manager. For example: you can not sue the executor that you commandeered a car and you have the drive, but if it crashes executor, you can sue for damages. Executor would be, reduce the value of the confiscated property. Executor must prove a mistake, so drop in criminal expeditions and do not contact the police if you want executor only "troublesome".

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