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By pravnik
Debt collection in Bosnia and Herzegovina

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Poor payment discipline in Bosnia and Herzegovina is a burning problem of a modern society faced by all legal entities, but also individuals. The best prevention is regular checking the credit worthiness of business partners and refusing business with those who have difficulties in paying.

The legal success is crowned by the winning verdict. However, the economic success is only brought about by the implementation of this judgment. If your debtors are not able to pay or pay for the claims they claim, the enforcement of their legal claims will be necessary. For this purpose, the enforcement is enforced, that is, the compulsory enforcement of the judicial decision.

The most important activities to be carried out against the debtor are as follows:

• Analyse the solvency of the debtor in Bosnia and Herzegovina.
• Search for the debtor in order to return the money they owe.
• Contacting the debtor and written warnings prior to the lawsuit.
• Implementation of the execution proceeding against the debtor if there is a judgment.
• Finding a report on the state of the debtor's account through the Central Bank of Bosnia and Herzegovina.
• Inititation of the proceedings before the competent court in Bosnia and Herzegovina in order to collect the debt.

The enforcement execution is determined by the nature of the claim to be enforced. To this extent, the enforcement may be initiated on account of a cash claim, the surrender of property or the taking of an action.

For example, the commissioning of a bailiff who pledges movable property to the debtor and, if he does not find it, takes the debtor the so-called oath-based insurance of his entire property. This may prevent the borrower from making future commitments as a Schufa entry occurs. In addition, all accounts or depots of the borrower can be blocked. This requires a so-called attachment and transfer decision.

In the enforcement of an act, such as the issue of a work certificate, such a person may be compelled by compulsory money, up to the imposition of an obligation on the debtor.

Debt collection in Bosnia and Herzegovina

In the out-of-court settlement of monetary and non-monetary claims and debts, it is possible to collect receivables and debts by contracting additional guarantees, warranties, pledges of objects and rights, introducing new ways of fulfilling payment obligations, by change of obligation, by submitting timely objections in a debtor-creditor relation, as well as by giving statements in an appropriate form, which is a notarized form with executive power.

If it does not come to settlement of monetary and non-monetary claims and debts in the out-of-court proceeding, the collection of monetary and non-monetary claims and debts can be achieved by force through a court proceeding before a competent court in Bosnia and Herzegovina.

The means of execution of claims collection in Bosnia and Herzegovina

The means of execution in order to achieve monetary claims are: sale of movable property, sale of real estate, transfer of monetary receivables, transfer of receivables for sale of movable or real property, transfer of other rights into money, transfer of funds kept in the bank account, sale of shares and sale of shares in companies.

The means of execution in order to achieve non-monetary claims are: handing over of movable property, evacuation and handing over of real estate, execution of obligation by acting, non-acting or suffering, executing of decisions from family relationships, execution to return an employee to work, execution of the decision on division of objects, entry in public registers and obtaining the declaration of intent.

The contract of debt assumption Bosnia-Herzegovina

The contract of debt assumption represents an agreement between a debtor and transferee for which the creditor has given his consent that the debtor be changed by contract.

Evidence of debt collection - Bosnia-Herzegovina

In order to achieve their right in a court proceeding in the shortest possible time and with the least cost, it is necessary that the facts on which you base your right can be proved as appropriate evidence before a competent court in Bosnia and Herzegovina.

In commercial disputes the existence of business cooperation between the parties, as well as the existence and amount of monetary and non-monetary claims and debts are usually proved by a private document (executed written contract, offer, declaration of acceptance of the offer, termination, etc.), invoices, shipment documents, final and enforceable judgment, and others.

Forced collection from the client’s account

Forced collection from the client’s account is carried out in accordance with provisions of articles of the Law on Payment Transactions. The stated legal provisions govern the basics of payment enforcement, the order of execution of basics of payment enforcement, as well as the procedure of implementation of enforced collection before the competent banks in Bosnia and Herzegovina.

ABOUT THE AUTHOR: Law Office Prnjavorac
Law Office Prnjavorac - Bosnia and Herzegovina
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