The National Authority Against Infectious Diseases adopted a set of measures against the spread of the new corona virus, but they do not oblige public officials to suspend their collections, even when the bank grants citizens a moratorium. As recently announced by Prime Minister Duško Marković, the Government will request a postponement of execution only from those whose founder - sole or majority, is the state.
"State bodies, state administration bodies, institutions and other entities that exercise public powers, whose founder is Montenegro, as well as companies in which the state is the majority owner of the capital, after the adoption of the measures, will request the postponement of executions that were initiated at their proposal, for a time period of 60 days, for economic entities in activities whose work in order to suppress the epidemic is prohibited by the order of the Ministry of Health", announced Marković on Thursday.
"Vijesti" was contacted by several loan beneficiaries who were granted a moratorium by the banks, so they are calm in this regard and know that their installments will not be "removed" for the next 90 days at most. The banks, however, informed them that they cannot prevent the public bailiffs from collecting that money.
The Chamber of Public Executors told "Vijesta" that the collection can be postponed through the court.
"Since there are no general measures that postpone executive procedures, which are defined by law as urgent, that postponement is carried out exclusively at the proposal of the creditor or the executive debtor, and based on the decision of the court. Therefore, if a commercial bank, as an executive creditor, approved the postponement of the payment of obligations from the loan agreement and informed the acting public bailiff with a proposal to postpone the execution, which can be for a maximum of one year, the public bailiff will by decision postpone the execution for the proposed period and thus postpone the implementation of enforcement actions such as bank account blocking or suspension of employers, that is, the PIO Fund", Vidak Latković, public bailiff for the area of the Basic Court in Cetinje, told the editorial office.
He added that the executive creditor "has the legal option to always postpone the implementation of the execution, as well as the executive debtor to demand a postponement of the execution for up to 90 days for particularly justified reasons".
"And when the reasons concern more serious forms of health and social endangerment, which are decided by the court within five days. Of course, when the court approves the enforcement debtor's proposal, the public bailiff will postpone all implemented enforcement actions. We consider these two possibilities provided by the law to be useful in order to assess the debtor's vulnerability in each specific case, without thereby jeopardizing the executive creditor's interest in settling his claim," said Latković to "Vijesta".
The Chamber of Public Executors reminded that, in accordance with measures against the spread of the new coronavirus, work with parties is limited in all offices.
"Restriction of work with parties refers first of all to ensuring the receipt of mail without direct contact and communication that takes place to the greatest extent via e-mail, telephone and the like", they told "Vijesta" from the Chamber.
The parties, as they said, can contact the offices of public prosecutors for all information related to the case at hand through the contact information found in the Directory of Public Prosecutors, on the website of the Chamber (www.javni-izvrsitelji.me).
"Also, in accordance with the measures of the NKT of March 17, the delivery of letters from the work of public executors to parties and other persons directly or through authorized persons for delivery has been suspended, but delivery is exclusively carried out through the Post of Montenegro", said the Chamber.
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