INSTRUCTION No.1240/5 date

Transcription

1 INSTRUCTION No.1240/5 date For setting the fees of offered services from private bailiff services. According to the article 102 item 4 of the constitution, the second paragraph of the article 47 and the article 48 of the law no date for the private bailiff service, finance minister and minister of justice. Guide I Reward of bailiff subjects: 1. the fee is set for a procedural action of a bailiff subject. 2. the bailiff subject has the right to decide according to the mass and the provided procedure on this act. II Principles for the bailiffs tariff settings A bailiff s subject fee is made from a normal tariff, except the extra tariff that may be set according to the article 48 of the law no.10034,date for the private bailiff s subject and costs, according to the article 525, the code of civil procedure. The fees basic rate of the bailiffs subject is set as a fixed amount, based on the tariff s and on the needed costs for the performing of bailiffs actions. In the cases provided by the law, one bailiff subject have the right to pretend a additional fee for the bailiff action. III The costs according to the article 525, the Civil Procedural Code. The costs according to the article 525 of the civil procedural code are made from the needing costs of the bailiffs procedure performing,in the execution of the executive title, including: 1.costs for administration of the necessary information for the procedures of the execution. 2.the costs for the correspondence in order to procedures of the executions. 3.costs according to the transport, the storage, the preservation of the sequestered objects and other costs in order of the preservation of the assets. Collection of the bailiff s fees 1.In the case of the financial obligations performance or in the case of not financial performance, the fees are collect with the termination of actions, except the cases provided by the law.

2 2.In the case of the obligated performance before the voluntary execution deadline, the basic tariff of the bailiffs object that is paid from the debtor is turned in the half of the sum from the mass provided on this instruction. 3.If the financial obligation that referees to the obligated execution, it s collected partially, the bailiff subject can collect as its tariff only one propocional Proportional sum with the assembled of the obligation. 4.The additional fee for a specific bailiff action is assembled immediately after the performing of bailiff action, as it is provided in the article 48 of the law. ( Prepayment of the bailiff tariff ) Prepayment tariff of bailiff service) A bailiff subject is obligated to take a prepayment from the creditor requestor before the execution procedures provided by the law. If the creditor requester don t prepay, one bailiff subject is not allowed to start the execution procedures. in this case bailiff subject turn back to the creditor requester immediately legal documents presented from him. 2.Prepay isn t required from: A physic person that present for a execution, a decision that is take during a judicial proceeding, where physic person has been completely or partially released from the paying of legal assistance or from the pay of a state fee, for insolvency reasons. One physic person that present for execution one decision hat is take during a penal proceeding by which is settled on obligation for the compensation of a damage,caused to the physic person in a criminal offense. If there are different creditors for executing an executive order, they prepay according to the mutual agreement. The procedures for taking and returning of the tariffs for the bailiff subject The prepayment of the bailiff subject fee is made in the official bank accounts of a bailiff subject. One bailiff subject issues to the creditor on invoice for the prepayment, that sets the document information of the execution and the debtor s name. If a fee of bailiff subject is completely assembled from the debtor, the bailiff subject turns to the creditor the prepay within ten work days, after the receptor of the fee from the debtor. If the procedure of execution ends without the settlement of the obligation or if the debtor has complete the pretences in order to the creditor, according with the pretences in order to the creditor, according with the request before he presents an appeal directed to the bailiff subjects, the prepayment can t be turned back to the creditor and the bailiff subject take the fee for the covering of

3 the executive procedures costs. The creditor is noticed with written announcement from the bailiff subject for the refusing of turning the prepayment back. VIII Value added tax a)the added tax is added to collect fees from one private bailiff subject. 2)Bailiff tariffs are subject to the law no.9975,date for the international fees. IX Tariff rates to be paid based on the of the claim. If the execution order for payment by the debtor to a sum of Leke for the creditor submitted for execution, prepay of the bailiff subject tariff is calculated according to the obligation and rates of the bailiff subject tariffs, determined on the table below. The of the claim ( in Leke) The fees rate of the bailiffs subject/basic tariff (in Leke) Prepay of the bailiff subject tariff (in Leke) for the procedural actions

4 If are present for the execution the legal documents for the debit payments of the debtor for a sum that goes more than Leke, the private bailiffs tariff is calculated as in follow: The private bailiffs fee for a indictment of to is the 5.4% of the indictment The private bailiffs fee for a indictment of to is the 5.2% of the indictment The private bailiffs fee for a indictment of to is the 5% of the indictment The private bailiffs fee for a indictment of to is the 4,8% of the indictment The private bailiffs fee for a indictment of to is the 4,6% of the indictment The private bailiffs fee for a indictment of to is the 6.4% of the indictment The private bailiffs fee for a indictment of The private bailiffs fee for a indictment of to is the 4.2% of the indictment to is the 4% of the indictment The private bailiffs fee for a indictment of to IS 3.8% of the indictment The private bailiffs fee for a indictment of to is the 3.6% of the indictment The private bailiff fee for a indictment of to is the 3.4% of the indictment

5 The private bailiffs fee for a indictment of to is the 3.2% of the indictment The private bailiffs fee for a indictment of to is the 3% of the indictment The private bailiffs fee for a indictment of to is the 2.8% of the indictment The private bailiffs fee for a indictment of to is the 2.6% of the indictment The private bailiffs fee for a indictment of to is the 2.4% of the indictment The fee rate of the bailiff subject for an indictment, that have a bigger than Leke is Leke % for a that goes more than Leke. The prepay for the bailiffs subject fee is for the of the indictments, specified on second subdivision of this section and Leke for the of the indictments on the third subdivision of this section. Bailiff actions with fees rate for unappreciated object 1.The bailiff subject fee is paid on the bases of a fixed rate for the following bailiff actions: a) The advertisement of an immovable object b) The release of an immovable object c) Taking the children and the right for meeting d) The auction s organizations X g) The execution of their court decision, by which the debtor have to complete a particular obligation. 2.For a particular action on the a, b and c items of this section, the bailiffs service fee is an equal sum with the half of the minimally official monthly payment and the prepayment of a bailiff subject fee is an equal sum with the one of third of the minimally official monthly payment. 3.In the auction causes, the bailiff subject fee would be an equally sum with the minimally official monthly payment. The tariff will be paid from the partner owner that makes the best offer.

6 4.The fee for immovable objects releasing is equal to the amounts of the two minimally official payments. XI The fee required for the claims with a food item obligation The fee required for the claims with a food item obligation. The basic tariff paid for the claims with a food item obligation is a full sum that is matched with the minimal rate of the food objection, defined by the law. This fee is collected together with the first monthly payment. if the debtor pays only one part of the food obligation, the bailiff subject collect one tariff which is proportional to the claimed amount. XII The fee for the claim insurance A fee for the execution of an intermediate decision, for the claim insurance is based on the claim of the paid as follow: a) if the claim is up to Leke, the tariff is a equal sum with the one of fourth of minimally official monthly payment. b) if the claim is up to and Leke. the fee is an equal sum with the half of minimally official monthly payment. c) if the claim is more than Leke, the fee is an equal sum with the minimally monthly payment If the decision for the claim insurance have to do with a non-monetary claim or the claim is not defined in the case of an executive decision with this object or his revocation, the bailiff subject tariff is an equal sum with the one of third of the minimally official monthly payment. If a decision for the claim insurance have to do with a monetary and not-monetary claim, the fess rate described in the subsection 1 and 2 of this section will be taken in total: In the cases of an execution decision for the claim insurance or for its revocation, the bailiff subject fees are paid from the person who made the request for the claim insurance execution. The bailiff subject fees are made collected with the presence in the case of an obligated execution, of a claim insurance decision. if a plaintiff don t pay the bailiff subject fee, this one is not allowed to start the bailiffs procedures. XIII

7 Payable fees for the copy documents and issuing of certificates One person that request the issuing of a copy, pays for this copy. This provision is not applied for an administrative authority or a participant in the proceeding that have the right to take a report on the execution or a bailiff action if this document is issued for the first time to the person. The bailiff subject fee for the preparation of the document copies is : a) 20 Leke for an A4 page format b) 25 Leke for an A3 page format A bailiff subject take a fee of 200 Leke for the issuing of a certificate in order to a bailiff action. if the certificate is provided in order to a case with a food objection, the bailiff subject tariff is 60 Leke. XIV Additional fee of a bailiff subject A bailiff subject have the right to request an additional fee based on the extend provided by the private bailiff law, for the bailiff actions technically, legally complicated or that needs time. The additional fee is provided in a full sum form or tariff based on hours. Additional fee is added to the basic fee and the bailiff subject gas the right to request the payment of this fee only if the debtor don t have to complete his obligation for which he or she has the right to take an additional fee. Except the cases defined by the law, the additional fee is collected with the basic fee. XV The additional fee for the sequestered actions A bailiff subject collect an additional fee in the mass of 0,1% of the sequestered item for a sequestered action, performed out of the bailiff subject office, that is made from sequestration of the movable items in the debtor possession or for a sequestering action in order to a immovable item. The decision that orders the payment of an additional fee is calculated after the sequestration and the evaluation of the item. In the case of a disagreement, according with the sequestered items or their place,the decision that orders the payments of the additional fees is calculated after the disagreement resolution, provided that the item must remain sequestered and be assessed. XVI The additional fee for the selling ways of assets A bailiff subject takes an additional fee in the sum of 1% of the selling prices of the assets for their selling in auction or to another way allowed by the law.

8 XVII The additional fee in the form of the fees for hour In the case of a performed bailiff action, out of the this directive, the bailiff subject has the right to request a fee of 1000 Leke, starting from the second hour of the action. The obligation for the additional payment is issued to a person that has caused it and should pay immediately after the bailiff action. The fees offered by the private bailiff service are applied in the starting of the private bailiff activity. This instruction comes into force after its publication on the official bulletin. Minister of Justice Enkelejd Alibeaj Finance Minister Ridvan Bode