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Approaching the time of debt

Lender scares proposals of the Ministry of Justice relating to the payment of the filing fee proposal for the execution, or the introduction of obligatory deposits which are part of the upcoming amendment to the Enforcement Regulations. Today is their recovery expensive, but when it will have to pay two additional fees in the thousands, many of them on these payments have not achieved. We are talking about private individuals and small tradesmen and small businesses ..

Becoming a lender is also very simple, just unpaid wages unrecognized justified complaint, the advance craftsman who did not do a job, but the money you leave, unpaid child support or need a loan to a friend. "Statistical information on similar cases exist, but from an internal investigation suggests that only 92.5 percent of respondents sometime during their lives must claim their money. "says spokeswoman Catherine portal poradnaveritele.cz Procházková.

System recovery collapses

The available data shows that our country currently conducted 4500000 execution proceedings to 750,000 borrowers. The total amount recovered is around 350 billion crowns, which is still needed attributable costs.
This money would be a lowering of the remuneration of bailiffs, which is also part of the ministerial draft, he probably had no one to enforce. It is already insolvent five bailiff offices, and two remain vacant. Not for them is interested. Enforcement writings of these seven offices assumed nobody, nobody enforce and therefore creditors waiting for their money in vain. And like many others may fall bailiff offices. Introduced and still relatively well-functioning system recovery slowly but surely begins to collapse.


Executor can now also do not choose?

Moreover, even threatening to lenders in the future will not be allowed either to choose the executor of your decision. And with regard to the planned local jurisdiction executors called. Territoriality, which has been a long time talking and not yet decided. The creditor could then be easily assigned to the bailiff, who then neustojí situation economically. This would be without their fault ended his case for months, if not years in the archives than it took him a possible successor. Thus, if ever found. And the question remains whether after him executor coming after creditors demanded more compulsory deposit, or enough to pay only once and original executor.

Recovery of small amounts is not worth it

In recent years, it multiplies multiple execution led to one borrower. More than ten executions already has 120,000 people, and their number is growing. Only five hundred borrowers at each execution has led nowhere. Thanks to the amendments to the Rules of Enforcement and changes of lawyers' tariff, while almost stopped or greatly moderated the recovery of amounts owed to ten thousand, and the situation continues to deteriorate. Evidenced by the decline of issued enforcement orders last year, which reached the number of 782,000 cases, which is about 96,000 fewer than in 2014.

Lenders only true and it will get worse!

Already, the creditor before the initiation of proceedings to enforce pay the court fee of 4 or 5 percent of the claimed amount and usually the backup lawyer. The courts, however, after the abolition of tariff lawyer in 2013 grant creditors only a small compensation to cover the costs - precisely the amount to cover the salary of a lawyer in case of winning the dispute.

Lenders and fairly easy to calculate that the recovery of the amounts to several thousand crowns for them economically and time so demanding that the recovery drops. "If the creditor wanted from his debtor through the courts to recover the entire debt, needs to find a lawyer who is willing to work a low reward granted by the court, or will have to pay the difference in cost of services on its own. "says Kateřina Procházková, who fears that after the reduction executor tariff, the mandatory fees for filing the application for commencement of enforcement proceedings plus a situation where the executors also begin collect obligatory advances to the recovery of smaller amounts, few releases.

Borrowers will once again live at the expense of their creditors, which will only ridicule in the eyes and likely to inspire similar meetings and many others. Of already issued payment orders has suddenly become a dearly paid for a piece of paper confirming the existence of the claim.


Source: tz, editorially modified

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