LZTI /

Sworn Bailiffs in Latvia

  • HOW TO FIND A COMPETENT BAILIFF

    14.02.2019
    1. Visit link “Meklēt tiesu izpildītājuhttp://www.lzti.lv/meklet_zti/


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    2. Choose the appropriate territory of the regional court (in Latvian “apgabaltiesa”), where debtors address is located – Riga, Kurzeme, Vidzeme, Zemgale or Latgale

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    3. Choose required regional community (in Latvian “novads”) or city

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    4. If the debtor’s address is located in city, write in a box appropriate street name. Press the button “Meklēt” (search). Database will show all of the streets containing that name. Choose the necessary one.

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    5. If the particular street is divided among several bailiff districts, the database will show the allocation of the addresses. Choose a bailiff in whose district debtor’s house number is specified.

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    6. Press on a blue hyperlink to see bailiff’s contact information!

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  • JURISDICTION OF A BAILIFF

    14.02.2019

    According to Section 549 of the Civil Procedure Law:

    A bailiff shall, pursuant to an application in writing by a creditor and in cases set out in law pursuant to the initiative of the Council of Latvian Sworn Bailiffs, competent authorities or a court, commence enforcement activities on the basis of an enforcement document.

    A bailiff must accept for enforcement the enforcement document if the place of residence of the debtor (for legal persons - legal address), location of his or her property or workplace is located within the specified borders (district) of the official appointment location of the bailiff. A bailiff may also accept other enforcement documents, which are to be enforced within the operational territory of the regional court to which the bailiff is attached.

    A bailiff shall accept for enforcement an enforcement document regarding return of a child to the state, which is his or her place of residence, an enforcement document in the case arising from custody or access rights, or the enforcement document indicated in Section 540, Clause 71 or 8 of the Civil Procedure Law (certificates issued by foreign courts or competent authorities in accordance with Article 41(1) or 42(1) of Council Regulation No 2201/2003), if location of the child is within the specified boundaries (district) of the official appointment location of the bailiff.

    If the place of residence of the debtor (for legal persons - legal address), location of his or her property or workplace is not in Latvia, the bailiff must accept for enforcement the enforcement document referred to in Section 540, Clause 19 of the Civil Procedure Law (part A of a European Account Preservation Order issued by a court, also a foreign court, in accordance with Article 19(1)(a) of Regulation No 655/2014 of the European Parliament and of the Council), irrespective of the place of residence of the debtor (for legal persons - legal address), location of his or her property or workplace.

  • ACTIVITIES

    12.02.2019

    Bailiff shall perform official activities in the territory of such regional court as to which he or she is assigned. A person has the right to freely choose a bailiff in compliance with the restrictions specified in LB. Bailiff shall not have the right to refuse to accept for execution an execution document, an excerpt from a notarial deed regarding termination of an inheritance matter or an invitation by a sworn notary regarding the protection of an estate if this is in the jurisdiction of his or her district. (Section 71, LB).

    Bailiff has a duty to perform official activities in order to enforce the following adjudications of the court, other authorities or officials regarding:

    1) recovery;

    2) securing of a claim;

    3) vacating of a dwelling (eviction);

    4) being put in possession;

    5) removal of specific objects from a debtor and transferring to an enforcer of the debt, as well as the performance of other activities specified in the execution document;

    6) forced fulfilment of obligations;

    7) organization of an auction for voluntary auctioning of immovable property through the court;

    8) confiscation of property.

    Bailiff has a duty also to perform other tasks given by the court which are related to the fulfilment of court adjudications, and also other activities prescribed by laws, e.g. to take over a property that has been recognized as a property without heirs and escheats to the State, and ensure its management, protection and sale, as well as the satisfaction of the submitted claims of creditors in respect of the property concerned.

    Upon the request of interested persons a bailiff shall perform the following official activities:

    1) deliver court summons and other documents;

    2) record facts;

    3) perform inventory of property for the purpose of division of joint property or for inheritance matters;

    4) organize public auctions;

    5) as a certified mediator, shall conduct mediation in accordance with the provisions and procedures laid down in the Mediation Law.

    Bailiff after agreement with an interested person shall be permitted:

    1) to obtain documents from State, local government or private institutions, and officials and private persons that are necessary for him or her to perform professional activities;

    2) to prepare a settlement in the stage of fulfilment of adjudications of the court and other authorities;

    3) to provide legal assistance in drawing up documents and consulting in issues that are related to the execution of adjudications of courts and other authorities.

    Bailiff is prohibited to provide legal assistance in relation to matters in which he or she has performed the official activities referred to in Sections 73 and 74 of LB.

  • STATUS

    12.02.2019

    As laid down in Section 106.4 of the law On Judicial Power, sworn bailiffs (hereinafter – bailiffs) in Latvia are persons belonging to the court system, who are assigned to regional courts and perform their duties as specified by law. The activities of bailiffs are regulated by the law On Bailiffs, which took effect on January 1, 2003 (hereinafter – LB).

    In respect of the official activities bailiffs are comparable to State officials (Section 5, LB), however they are independent in performing their official activities and subject only to law (Section 3, LB).

    Bailiffs are appointed by the Minister for Justice. Bailiffs are appointed to the office for life and they may hold this office up to the age of sixty-five years; the Minister for Justice may extend this time period to seventy years of age upon a recommendation of the Council of Latvian Sworn Bailiffs (Section 6, LB).

    The number of bailiffs and locations of their offices, districts and borders thereof are determined by the Cabinet, pursuant to the delegation set out in Section 7 of LB. As set out in the Cabinet Regulation No. 66 of January 19, 2010 Regulation on the number of sworn bailiffs and locations of their offices, districts and borders thereof, presently there are 101 locations of offices of bailiffs in the territory of the Republic of Latvia.

    Pursuant to Section 133 of LB and the first part of Section 134 of LB, bailiffs practice a liberal profession, their professional activity (practice) is intellectual work and its purpose is not to gain profit. It is understood by this norm that the activities of bailiffs are not commercial, however for each official activity (Sections 73 and 74, LB) performed by a bailiff, as well as for legal assistance (Section 75, LB) he or she is entitled to take reimbursement irrespective of the State fee. The amount of reimbursement for the official activities of bailiffs shall be determined in conformity with the rates, which on the basis of a proposal of the Minister for Justice coordinated with the Council of Latvian Sworn Bailiffs (hereinafter - CSBL) is determined by the Cabinet (Cabinet Regulation No. 451 of June 26, 2012 Regulation on the Rates of Remuneration for Sworn Bailiffs). Agreement regarding the amount of reimbursement for official activities different from the rate is prohibited. Reimbursement of bailiffs is subject to the value added tax in the amount specified by the Law On Value Added Tax. I.e., bailiffs are self-employed persons and their activity is not financed from the State budget. Bailiffs ensure and keep records of their incomes and expenditures by themselves.