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Belgrade: Thousands of executive cases over three years have already been handed over by courts to public executors across Serbia.
Source: News
Photo: Depositphotos, OtnaYdur
This was done in accordance with the reforms to the Execution and Security Law, which have been in force since the beginning of the year.
However, hundreds of thousands of them, mainly in Belgrade, are still waiting to be sent to the road.
These include a large number of unpaid utilities, parking tickets, or television subscriptions, and some debts are two or more decades old. The courts have handled old cases in this way, but, as lawyers warn, they face a new danger: being overwhelmed by massive tubes of citizens for violating the right to a reasonable time trial.
In the First Court of First Instance in Belgrade alone, which has the highest number of enforcement cases in the whole country, so far 26,838 cases have been transferred to enforcement officers and 176,509 forgotten folders are pending.
“After the entry into force of the latest amendments to the ZIO, the Novi Sad Court of First Instance has so far presented 3,854 cases to public executors,” a spokesman for that court, Gligor Neni, told Novosti. “Almost all those in which the executors are responsible for further execution have been filed, and only a small number are waiting for the court to rule on the parties’ requests, after which these cases will be sent. In these cases, the executive creditors are mostly public companies, individuals, banks … ”
At the Niu Court of First Instance, the figures are even higher.
“To date, we have submitted a total of 9,546 cases to public enforcers under the new ZIO, and this process is still ongoing. We still have 143 excellent cases and 133 excellent cases based on a credible document (utility debts ) “, said Stefan Lazarevi, clerk of no court.
Every citizen who has long forgotten about an unpaid bill, fine, or subscription payment receipt for, say, 2008 or earlier, faces an unpleasant surprise: in addition to basic debt, they must pay interest. of legal delay for all the years and costs of the procedure. so the debt will increase from 5,000 to 40,000 or 50,000.
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This is exactly where attorney Nenad Vasi sees the problem.
“We got into this situation because the courts could not cope with the large influx of cases from the utilities, but their responsibility, that is, the responsibility of the state, cannot be ruled out. When you receive a motion for enforcement, the court must decide and render a decision within the legal time frame. If it does not, we can talk about illegal actions, so that citizens have a basis to initiate a lawsuit against the state and compensation for damages, ”Vasi told Novosti.
Because, if they had decided on time and delivered the decision to the debtor executive, the citizen would have been able to pay off the debt without interest. That is why Vasi advises citizens to check in court if there is a motion for execution against them, since when, if the court made a decision and if it tried to present it. This is how you determine what action was possibly missed and did not dare.
“I think the court will be overwhelmed by cases of citizens seeking redress from the state, either for violating the right to a reasonable time trial or for illegal conduct. The costs will be enormous, so the state should consider voluntarily paying citizens or agreed with utilities to cancel an astronomical interest, in order to avoid unnecessary costs, “Vasi said.
By the way, communal debts, which usually expire in a year, are not obsolete in this case, because creditors have submitted a proposal for execution every year.
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