The accounts of SM from Podgorica were blocked even though he submitted a complaint to the public bailiff (name known to the editorial staff) within the legal deadline.
The executor's office stated that the complaint was sent by e-mail as the reason for the execution of the blocking decision and that they do not accept it.
However, the Chamber of Executors told "Vijesta" that objections sent by e-mail are just as valid as those submitted in person or by traditional mail.
SM received the executor's decision at the beginning of July. When he saw that the decision related to accounts for real estate that he has not owned for more than a decade, he contacted the executor by e-mail and sent documentation that proves his allegations, among other things, and a copy of the certified sales contract. Two months later, from the banks where he has open accounts, he received a notification that his accounts were blocked.
Then the executor's office told him that they had received his e-mail, but that the complaint could not be submitted that way, but in person or by mail.
The Chamber of Executors clarified that, according to the Law on Civil Procedure, objections to the enforcement decision can be submitted electronically.
The Law on Execution and Security stipulates that the delivery of documents arising from the scope of work of the public bailiff is done by direct presentation or by mail.
"The confirmation of delivery is signed by the recipient and the person making the delivery. The recipient will write the date of receipt in letters on the delivery note", the law states and adds that if the public bailiff delivers court documents, "in that case delivery is made in accordance with the law governing civil proceedings, unless otherwise prescribed by this law".
The Chamber clarified that an objection can be filed against the decision on enforcement issued by the public bailiff within five days from the date of delivery of the decision.
"The objection is submitted to the public bailiff who decided on the proposal for execution. The public bailiff is obliged to deliver the case files to the court within five days for the purpose of deciding on the complaint. In this case, the objection to the decision on enforcement is submitted in writing, by subsidiary application of the provisions of the Law on Civil Procedure, directly to the public bailiff, via mail, electronically or in another way prescribed by law", they told "Vijesta".
The Chamber also said that when it comes to the delivery of letters electronically, it is regulated in accordance with the law regulating electronic administration.
"Delivery in this way is considered completed if feedback can be provided that the recipient received the letter, in accordance with a special regulation. The return data is an electronic record of the day and time when the device for electronic data transmission recorded that the letter was sent to the recipient, the name of the sender and the recipient, and the name of the letter. The printed electronic record is a confirmation of the receipt of the letter delivered electronically," said the Chamber.
In the execution procedure, and in the procedure of determination of execution, as well as in the procedure for legal remedies, as they added, the principle of literacy applies.
"The actions of the parties and other participants regularly take the form of submissions, and together with the documents, they represent the basis for decision-making in the execution procedure. Pursuant to Article 103 of the Law on Civil Procedure, submissions sent by telegram, telefax and electronic mail are also considered to be in written form. Submissions are considered signed if the submitter is marked in them. As an exception to the provisions of paragraph 1 of this article, submissions submitted by electronic mail must be certified by an advanced electronic signature," said the Chamber of Executors.
In accordance with the mentioned article, as they added, submissions must be understandable, contain everything that is necessary to be able to act on them.
"In particular, they should contain: court designation, first and last name (name of legal entity), domicile or residence (head office of legal entity) of the parties, their legal representatives and attorneys, if they have them, the subject of the dispute, the content of the statement and the applicant's signature. Further, the provision of Art. 106 paragraph 4 of the ZPP stipulates that the court will reject the submission if it was submitted by a qualified attorney or representative instead of the party, if the submission is incomprehensible or incomplete", said the Chamber.
EPCG: New owner reports changes
The SM case is also a warning for other real estate owners to check after the sale whether the new owner has transferred all accounts to his name. In his case, Elektroprivreda demanded that the debt for the electricity bill be collected from SM, even though he, having sold the property more than ten years ago, is no longer the owner of the meter.
EPCG explained that it is the obligation of the person who buys the property to submit documentation about the change.
"Whoever buys should submit documentation. When a new owner is registered in the cadastre, then it is necessary to submit to us a real estate certificate and a request to change the name of the buyer", said EPCG.
Obliged to teach the party
After he refused to accept the objection sent by SM electronically, with the explanation that, in his opinion, the law does not allow it, when asked why he did not inform the party and possibly teach them about the rights - as he interprets them, the executor said in a telephone conversation that he doesn't have time for that and that it's not his job.
The Chamber says otherwise.
"Taking into account the previous provisions and the subsidiary application of the law regulating civil proceedings, the public bailiff is obliged to apply the principle of teaching an ignorant party, and to a party who does not have a qualified attorney and who, due to ignorance, does not use the rights that belong to him, he is obliged to warn what actions he can undertaken in the enforcement procedure", said the Chamber.
They also added that, when it comes to educating citizens, that is, parties in enforcement proceedings, in accordance with the activities they perform and their legal powers, public enforcers are always available, in addition to the legal obligation, to point out to the parties the possibility of filing appropriate legal remedies in order to protect their rights in executive procedure.
"And they point out that in certain procedures they need a qualified attorney, given that public bailiffs are not authorized to provide legal services to parties regarding their further education outside the legal framework," said the Chamber.
They also state that on the official website of that association, citizens always have access to all the necessary information regarding the norms of enforcement procedure and the work of public bailiffs, brochures on the work of public bailiffs, manuals and the like.
"As well as that the parties, in addition to legal protection before the court, can request an examination of the disciplinary and ethical responsibility in the actions of the members of the association before our association", they said from the Chamber of Public Executors.
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