The former president of the Chamber of Public Executors, Aleksandar Zloković, said that this service has much bigger problems with the collection of claims in the economy than among citizens.
In an interview with "Vijesti", he explained that cases related to citizens usually concern debts of up to 1.000 euros, while claims in the economy are in the millions and collection is often impossible.
Public bailiffs started working in April, and are in charge of all types of collection - debts in the economy, towards natural persons, debts for duties, eviction, confiscation of things...
"When the enforcement document (judgment) is in question, it is implemented even before it becomes final, so the objection does not delay the execution. Let's say, when someone owes someone in the economy and the court issues a verdict, collection is immediately started, but this collection is much more complicated, the legal entity often opens another company and the like, so it is difficult to track him down", explains Zloković.
High cash prizes
It is precisely this type of payment that can motivate employees the most, because they can be rewarded with several thousand euros.
"In cases where the claim is up to 1.000 euros, of which there are by far the most, there is no reward for successful enforcement. For cases over 1.000 euros, the highest award is 7.500 euros, and that is for executions that do not refer to monetary funds, in which case the highest award is 3.500 euros", explained the President of the Chamber.
Zloković said that he never entered houses to loot property...
Cases related to citizens concern debts of up to 1.000 euros, while claims in the economy are in the millions and collection is often impossible.
According to the Law on Security and Enforcement, household appliances and furniture are certainly exempt from confiscation.
"These cases are now in percentages per thousand. In any case, the executive creditor (the one to whom the debt is owed) must request an inventory and sale of the property in order to do so, the executor does not decide on that," he said. If the creditor demands it, Zloković explains, there is an inventory of things or property and there is no possibility of agreement.
Up to half of the salary can be deducted from the debtor's earnings: "However, until the execution procedure is completed, the claim can be paid voluntarily, there are no deadlines".
From 200 to 20.000 euros fine for incorrect data
The law on enforcement provides for fines for untimely or incorrect submission of information on assets and income - natural person and responsible person in a company from 200 to 2.000 euros, and legal person, entrepreneur and authority from 2.000 to 20.000 euros.
The same law also defines that the buyer of real estate cannot be an enforceable debtor, a judge, a public bailiff, a person employed by a public bailiff or another official participating in the sale procedure...
The law does not prevent a person related to the person to whom the debt is owed, from appearing as a buyer of real estate.
When asked by "Vijesti" what happens if someone has nothing to their name and is not employed, Zloković said that in that case there is no way to carry out the execution and the procedure is terminated.
"Debt cannot be collected from relatives, possibly if some property is found later or the person is employed, the procedure can be continued", states the President of the Chamber.
When it comes to settling bills for electricity, water and the like, the company to which it owes money should send a reminder to the debtor before contacting the executor, while the executor does not have this obligation.
For all debts over a year, the statute of limitations applies, unless a lawsuit is filed.
At the end of the year, the Ministry of Justice will present a report that should show how much more effective public bailiffs really are compared to judicial ones, which are now entrusted with executive tasks related to the confiscation of a child, the return of an employee to work and counter-enforcement (if the judgment according to which the public bailiff acted is legally binding abolished).
When 25 cents "turn" into 60 euros
Zloković said that now it is rare for claims related to payment of water and electricity bills to expire, because the companies that deal with them are now settling all of them.
He cited as an example the case in which Elektrodistribucija sued the debtor for a debt of 25 cents, and that later, after it reached the executor, he had to pay costs of up to 60 euros.
"The debtor can, upon receiving the decision on enforcement, settle the debt within eight days, in which case interest on the debt is not charged, or file a statute of limitations objection or any other objection, that a reminder and similar were not received within five days , and then it goes to court and postpones the execution, until it becomes final", Zloković states.
Eleven executors are missing
There are currently 21 public bailiffs working in Montenegro, and according to the plan of the Ministry of Justice, there should be 32. Zloković explains that the Law on Public Bailiffs was adopted in accordance with European standards, which stipulate that there is one bailiff for every 25.000 inhabitants.
"But if the need arises, the Minister of Justice can increase the number of executors," he states.
When asked how much their earnings are at the moment, he states that it is difficult to say, that they have huge expenses, because they employ a large number of people to whom they need to pay salaries and contributions, profit tax that they pay at the end of the financial year, as well as VAT of 10 euros. who pay on each execution.
"I can tell you a standard that is in the European Union, it is one, or one and a half judges' salary (1500 to 2000 euros in Montenegro)," says the president of the Chamber.
There are no disciplinary procedures
Aleksandar Zloković said that he did not want to comment on the case of Branka Samardžić, an executor from Kotor, who for more than a month kept her objection to the decision by which she intended to evict the Mediterranean University.
"The procedure is ongoing, I would not comment on it for now".
He said that so far no disciplinary proceedings have been initiated against the executor.
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