To begin the enforcement procedure with the help of a bailiff you must have an executable document. Not every judicial decision or act itself is an executable document. Executable documents are listed in Code of Civil Procedure of the Republic of Lithuania Article 587. If you are a creditor and want to enforce a court decision or you have any kind of other documents that can prove that someone owes you money or has other obligations, contact us and we will help you to apply for the executable document.
Interim (precautionary) measures
The purpose of precautionary measures is to secure rights in the court case before it. In practice the creditor can use these measures to protect against the risk that the debtor will be unable to pay him. The final judgment will then either confirm the interim measures or set them aside. Interim (precautionary) measures can be ordered by the courts in relation to the debtor’s assets. The principle that applies in matters of debt recovery is that the debtor is liable in relation to all his movable assets (cash, furniture, jewellery, stocks and shares) and his immovable assets (land buildings, dwelling). The creditor can also claim against the debtors entitlements (bank balances, wages and salaries). Courts decision to apply interim measures must be taken to the Bailiffs office to be enforced. If the creditor fails to bring the decision of the court to bailiffs office in 20 days from the day decision is made, interim measures can not be applied anymore or creditor has to ask for court to make another decision.
I have an executable document, how can I enforce it?
To start enforcement procedures creditor must submit the following documents to bailiff's office:
- Original of an executable document (for electronic “a.doc” executable documents refer to the section Electronic executive documents);
- Application to start the enforcement procedure signed by the creditor or his/her representative (an application template can be downloaded by clicking here);
- Administrative expenses receipt (may be a copy of a bank transfer).
What are the costs to be paid to the bailiff to start the enforcement?
By submitting an executable document to the bailiff creditor must pay administrative costs. Administrative costs depend on:
- Amount to be recovered;
- Executive document category.
Administrative costs are fixed by law, amounts can be found by clicking here.