Application for provisional safeguards

  • 2010-05-19
  • By Jovita Stagniunaite, Attorney at Law

(Continued from previous week)

The court that applied provisional safeguards sends its ruling to the registrar of the public register, since this registration owner of the seizure property does not have a right or possibility to transfer this property, because the information of the registry is followed by banks, notaries, lawyers and other users. But it should be clarified that usually the court does not identify a particular property that is seized: it identifies only the kind of property (movable or immovable) and value. Finding a particular property and making a property attachment deed is the responsibility of the bailiff, who can start acting only having the original document (court’s ruling) presented by the claimant.

Every claimant must know that the bailiff may not seize significantly more of a debtor’s property than is necessary, to cover the amount to be recovered and the execution expenses. In case the bailiff has violated this rule of law, an appeal concerning the actions of the bailiff may be lodged. An appeal shall be lodged with the district court, in the territory of which the bailiff operates. Appeals concerning the actions of bailiffs shall be subject to an official fee. The lodging of an appeal shall not suspend the performance of the actions; the court, if it acknowledges that this is necessary, shall be entitled to suspend the performance of the actions by means of written proceedings.

An appeal concerning the actions of a bailiff can be lodged no later than within twenty days of the day on which the person lodging the appeal learned, or had to have learned, about the performance of the action being appealed or the refusal to perform it, but no later than within ninety days of the performance of the action being appealed. However, a failure to lodge the appeal provided in this Chapter shall not take away the right to petition a court concerning the compensation of any harm caused by the illegal actions of a bailiff.

General advice in the case of application of provisional safeguards is to follow and analyze the court’s rulings and actions taken by the bailiff in order to make sure that the application is in line with legal regulations. This may help avoid possible losses that occur due to the limitation to sell property owned by the defendant.