DRAFT!
12/15/2005
REGULATION No. 4 OF FEBRUARY 6, 2006 ON THE OFFICIAL ARCHIVE OF THE PRIVATE ENFORCEMENT AGENTS
ISSUED BY THE MINISTRY OF JUSTICE
Promulgated SG No.16 of February 21, 2006REGULATION ON THE OFFICIAL ARCHIVE OF THE PRIVATE ENFORCEMENT AGENTS
ChapterOne
GENERAL PROVISIONS
Article 1. Thisregulationdefines the conditions and way procedure of keeping of an archive of the privateenforcement agent.
Article 2. Theofficialarchiveofthe privateenforcement agentcontains:
1. incoming and outgoing register;
2. registerof the filed cases;
3. enforcement cases;
4. journal of the performed activitiesperformed actions;
5. payment and other documents;
6. seal of the privateenforcement agent.
Article 3.Inquiriesontheenforcementcasesaregiventothe partiesand their representatives, as well as to the persons who have legal interest.
Article 4. (1) Takingcasesanddocumentsfromtheofficialarchiveoutoftheoffice of the privateenforcement agentby the respective competent bodies is done only in the form of copies and on the grounds of a written act of a judge or a prosecutor.
(2) Thecertifiedbythe privateenforcement agentcopiesanddocumentsarehandedagainstthesignatureoftheofficialexplicitlyspecifiedbynameintheact.
ChapterTwo
CASE MANAGEMENT BOOKS
Article5. (1) Each private enforcement agentkeeps the following case management books:
1. incoming register;
2. outgoing register;
3. registerof the filed cases (inventory book)and alphabetical index;
4. journal of the performed activitiesactions;
5. archivebooks.
(2) ThecasemanagementoftheprivateenforcementagentsactingasacivilcompanyundertheLawontheObligations andContracts is kept separately. The register of the filed cases is kept jointly.
(3) All case management books are kept for the calendar year.
(4) The recorded in the archive:
1. the cases and other papers are kept -5 years;
2. the journals of the performed activitiesperformed actions-25 years;
3. theregistersoffiledрегистрите cases -100 years.
(5) After the expiration of the terms under para 4, the cases and other papers, journals of performed actions and registers of filed cases, which are submitted in the archive, shall be subject to submitting for permanent keeping in the respective state archive in accordance with the Law on the State Archive Fund.
Article6. (1) Theincomingregistercontainsdataonalldocumentsandpapersreceivedinthecasemanagementofficeof the privateenforcement agentofficeandrelatedwithhisofficialactivity.
(2) Theincomingregisterfollows the template as per application annex № 1.
Article7. (1) Theoutgoingregistercontainsdataonalldocumentsandpapersgoingoutofthecasemanagementofficeofthe privateenforcement agentandrelatedwithhisofficialactivity.
(2) The outgoingregisterfollows the template as per application annex № 2.
Article8. (1) Theregisterofthefiledcasesprovidesinformationontheenforcementcasesfrom their filing to their submission in the archive.
(2) The register of the filed casescontains the following data:
1. numberanddateoftheapplicationforfilingofanenforcementcaseorforaccessionofanenforcementcase.
2. numberof theenforcementcase;
3. numberof the case for which is issued the writ of execution or the order;
4. thecourtthathasissuedthewrit of execution or the order;
5. name and registration numberof the privateenforcement agent;
6. name (appellation)PIN (UIC/BULSTAT), address (head office) of the claimant;
7. name(appellation) PIN ( UIC/BULSTAT), address (head office) of the debtor;
8.type and amount of the receivable;
9. originofthereceivable;
10.date of suspension, respectively, reopening, closing or termination of the case;
11. dateof sending the enforcementcaseto anotherenforcement agent.
(3) Eachprivateenforcement agentrecordsthedataintheregisteroffiledcasesatthesame time of the filing, accession,sending to another enforcement agent,suspension, closing or termination of the enforcementcase.
(4) Theregister of the filedcasesfollows the template as per application annex № 3.
Article9.(1) Thejournaloftheperformed activitiesperformed actionsprovidesinformationontheperformedenforcementand otheractivities, on received complaints and the effect from them.
(2) The journal contains the following data:
1. date;
2. a serial number;
3. numberof the enforcementcase;
4. charged feesand additional expenditures;
5.description of the performed activitiesperformed actions;
6. nameof the obliged person;
9. received complaints and the effect from them;
10. received payments;
11. made payments.
(3) The journal is closed daily.
(4) Thejournalfollowsthetemplateasperapplication annex № 4.
Article 10.(1) Thearchivebookcontainsinformation on the submitted in the archive enforcementcases.
(2) The archive book contains the following data:
1. serialnumber;
2. number на of the case;
3. dateand yearof archiving of the case;
4. numberofthebundle;
5. numberanddateof the protocol serving as grounds for the destruction of the case;
6. numberanddateof the kept documents, short description of their contents;
7. numberof the book and year where they are kept;
8.note.
(3) The archive book follows the template as per application annex № 5.
ChapterThree
ENFORCEMENTCASES
Section І
Proceedings
Article 11. (1) Baseduponeachactthatissubjecttoenforcement, aseparateenforcementcase is opened, except if the claimant requests something elseotherwise.
Article 12. Theopenedcasesarerecordedintheregister of the filedcases together with their filing in the case management office and are placed in a folder pursuant to Article 16.
Article 13. (1) Whentheclaimantrequeststhewritofexecutionback, aprotocolispreparedanditisenclosedwiththeenforcementcase.The performed payments are recorded on the back of the writ of execution.
(2) Atdestructionofthe enforcementcases the writs of execution are taken out and arranged in a joint folder, and at the back of the writs of execution are recorded the made payments.
Article 14. The complaints received in the case management office are consideredshall be reported immediately by to the privateenforcement agent.
Article 15. Thecomplaintissenttocourtbyorderofthe privateenforcement agenttogetherwithacopyofthecaseimmediatelyafterreceiptoftheobjectionoftheother party, if there is such, or from expiry of the term for complaint.
Section ІІ
Arranging and preserving the cases
Article 16. (1) Thepapersontheopenedenforcementcasesareplacedin ‘manila’ coloredfoldersbytemplateaccordingtoapplication annex №2 totheRulesforJudicialAdministration in the regional, district, military and appellate courts.
(2) Onthefrontcoverofthefoldersoftheenforcementcasesis recorded the name and registration numberof the privateenforcement agent, the subject of the receivable, the partiesand dates of opening and closing of the enforcementcase.
(3) Onthesideindexonthecoverisrecordedthenumber of the case. Thenumberofthecaseconsistsofconsecutivelyrecorded: the year, the registration numberofthe privateenforcement agent, code04 showing the case is an enforcementone and the five digit serial number of the case. (Example: 20027010400038, where2002 is the year of opening of the case; 701 is the registration numberofthe privateenforcement agent; 04 –code showing it’s an enforcementcase; 00038 is the serial numberof thecase)
(4) Allpapersthataresubmittedorpreparedinrelationwiththecase are attached in order in the folder and are numbered. Ifthecoverofthecaseisfilledwithpapers, tothebackofthecover is attached a new folder on which is recorded the same case number. Thefirstfolderismarkedasbook1, thenext as book 2 and so forth. Thenumbers of the consecutive book are recorded above the whole numberof the case. On a blank sheet at the end of the first folder is recorded: "Followed by book 2" and in the same manner for each next book. Thenumberingofthepapersattachedinthenewbooksfollowsthenumberingofthepapersinthepreviousbook.
(5)Thecomplaintsandthepapersfiledincourtbythe privateenforcement agent are attached to the inner side of the front cover of the folder of the copy of the enforcementcase sent to court.
Article 17. (1) Thefolders with unclosed casesare arranged in serial numberfor each calendar year.
(2) Thecaseswithassignedtermfortheperformanceofspecificproceduralactivities (exampleone: term to appeal, assigned enforcementactivitiesetc.) are arranged separately.
(3) The terminated casesare submitted in the archive.
Article 18. (1) The cases are kept in the case management office. Outside of the cases foreseen under Art. 4 (1), Aacasecan be taken out of the case management office only by the privateenforcement agent with whom it has been opened. Inthesecasestheofficialwritesonatemplatesheetasperannexapplication№ 2 totheRulesforJudicialAdministrationintheregional, district, militaryandappellatecourts, thenumber of the case and the date. Thesheetisputattheplaceoftheremovedfolderandisusedrepeatedlyfordifferentcases.
(2) Atreceiptofdocumentsonacase, ifthesameisnotinthecasemanagementoffice, thedocumentsareputinatemplateenvelopefolderinaccordancewithapplication annex № 2 totheRulesforJudicialAdministrationintheregional, district, militaryandappellatecourtsand is placed next to the sheet for the removed case. When the case is returned to the case management office,the documents are enclosed with the case.
Article19. (1) The partiesandtheirrepresentativesgothroughthecases in the office of the privateenforcement agentor in a room for reading of the cases. Copies of the papers enclosed with the cases are issued by the official at the date they are requested.Atawrittenapplication, theofficialissuescertifications, copiesandexcerptsfromthepapersenclosedwiththecases on the day of receipt of the application or on the next day at latest by order of the privateenforcement agent.
Article 20. Whenanenforcementcaseorawritofexecutionislostthe privateenforcement agentpreparesafindings report, signs it and immediately notifies the claimant of it.
ChapterFour
PAYMENT AND OTHER DOCUMENTS
Article 21. Thewrittencontractbetweenthecontractingpartyandthe privateenforcement agent concerning the activities under Article 18 pf of the LPEA are part of the official archive.
Article 22. (1) The payment documents of the privateenforcement agentare prepared in accordance with the Law on Accountancy.
(2) TheaccountsunderArticle 79 of the LPEA are prepared by the template in application annex № 6.
ChapterFive
SEAL OF THE PRIVATEENFORCEMENT AGENT
Article 23. (1) The seal of the privateenforcement agentis round in form, its diameter is 5.0 cm50 mm.and the following contents:
1. inthemiddle–firstandfamilynameofthe privateenforcement agentasitisregisteredintheregisteroftheprivateenforcementagents, aninscription “RegionofAction”, theabbreviation “D.C.” (District Court or SCCSofia City Court) and main office of the respective district court;
2. aroundthetextabove, intheupperhalfofthecircleisinscribed"Privateenforcement agent" andthenumberunderwhichthe privateenforcement agentisregisteredintheregisteroftheprivateenforcementagents, and in the lower – an inscription “Republic of Bulgaria”.
(2) The privateenforcement agentcanhaveoneplastic, onemetallicandonedryseal.
Article 24. (1) The seal of the privateenforcement agentis made in the “Mint” Plc, Sofia.
(2) Thesealismadeatarequestof the privateenforcement agent directed to the manager of the “Mint” Plc, Sofia, which specifies the type of the requested seal, and has attached a copy of the order of assignment of enforcement powers by the Minister of Justice and an excerptfrom the register of the privateenforcementagents containing all dataunder Article4, par.3of the LPEA, as well as the number of recording of the privateenforcement agentin the register.
(3) The seal is given to the privateenforcement agentin person and against his signature.
Article 25. (1) Incaseoflosingthesealthe privateenforcement agentimmediatelynotifiesthechiefoftherespectiveregionalpoliceprecinct, andareportisprepared. ThenewsealismadeinaccordancewithArticle 24, andwiththe request is enclosed a report as per the previous sentence.
(2) Theactivitiesunderpar.1 are also performed in case of change of the in the data shown on the seal. Inthiscase, whennewsealsaremade, theoldonesaredestroyedpursuantto Article30.
Article 26. Thesupplements ‘assistant’ and ‘actingas’ areplacedbystamps.
ChapterSix
SEALING, OPENING, MOVING (INVENTORY) AND TRANSFERRING THE OFFICIAL ARCHIVE
Article 27. (1) Incasetherearisegroundsforaprivateenforcement agenttolosehislegalcapacity, theofficialarchiveofthe privateenforcement agentissealedbytheorderoftheChairoftheDistrictCourtinaccordancewithArticle 32, par.2 of theLPEA, for which are informed the Minister of Justiceand the Council of the Chamberprivateenforcementagents.
(2) WhenthecircumstancesunderArticle 31, par.1 oftheLPEAarise, the Chairofthe District Courtisinformedby: the privateenforcement agent, respectively, byhisheirs, andiftherearenoneortheyareabsent – bythemayorofthemunicipality, regionorcity (town) council, respectively, bythe regional judgeinthependinghereditaryproceedings; theguardianortrustee;the Minister of Justice; the Chair of the first instance court that has ordained the judgment;the Chair of the disciplinary committee that has imposed the penalty deprivation of legal capacityof theprivateenforcement agent; the persons working in the office of the privateenforcement agentand the Council of the Chamberof the privateenforcementagents immediately after learning the respective circumstance.
(3) Thesealingoftheofficial archiveisdonebyorderofthe Chair of the District Court, ordaining the sealing and appointing the official who is to perform the action.
(4) Forthesealingoftheofficialarchiveispreparedareportthatspecifiesatwhoserequestthesealinghasbeendone, markingofthesealedpremises, strong-boxes, cratesandothers. Aninventoryispreparedontheofficial archiveofthe privateenforcement agent, and it is an inseparable part of the report. Thereport and the inventory are signed by the official who has performed the sealing.
(5) The Chairof the District Courtimmediately informs the Minister of Justiceand the Council of the Chamberof the privateenforcementagentsfor the performed activitiesperformed actions.
(6) The Chairof the District Courtcan also officially ordain the sealing ex officio.
Article 28. (1) The opening of the official archiveis done at the request of the Minister of Justicetothe Chairof the District Court.
(2) The Chairofthe District Courtissues an order to ordain the opening and appoints the official who is to perform the actions.
(3) A report is prepared for the opeining of the official archive. Atopening an inventory is prepared and in terms of this inventory the official archive is transferred to the succeeding privateenforcementagent. The inventory is signed by the present representatives of the Minister of Justiceand of the Council of the Chamberof the privateenforcementagents. The Minister of Justicedecideswhoistoreceivethearchiveincasemorethanoneprivateenforcement agent has expressed desire to have it.
(4) Aninventorycanbeperformedwithoutsealing.
(5) Whentheinventorycannotbefinishedinthedayofopening, theofficialmakingtheinventorysealstheportionhehasnotinventorieduntilthenextday.
Article29. Whenthe privateenforcement agenthasnotprovidedaccesstothearchiveneededduringhisreplacement, theaccessisprovidedpursuanttoArticles 27and 28of the Regulation.
Article30.(1)Afterthetransferofthearchive, thesealsofthe privateenforcement agentaredestroyedbyarepresentativeofthe Chamber of the privateenforcementagents in the presence of a representative of the Minister of Justice, and a report is prepared.
(2) TheChiefoftherespectiveRegionalPolicePrecincttotheMinistryofInternalAffairsisinformedofthedestructionoftheseal.
Additional Provisions
§ 1.(1) The case management books under Article5 can alsomay be kept on electronic carrier.
(2) When the journal of the performed activities is kept electronically, its closing is done with a universal electronic signature When the case management books are kept in electronic form a unique identification code is generated upon every entry.
(3) Whentheregisterofthefiledcasesiskeptelectronicallyitcomprisesaunifiedcomputerdata base. Each privateenforcement agentkeeps a Register of filedcases by entering the information under Article 8 in the respective areas of the unified computer database of theRegister.
§2. AsofJanuary1, 2007 theregisterofthefiledcasesandthejournalon the performed activitiesperformed actionsshall be kept in a manner and standard ensuring information exchange with the state administrationelectronically in the “ХМL” standard of information exchange.
Final Provisions
§ 3. IntheRulesforJudicialAdministrationintheregional, district, militaryandappellatecourts(promulgated SG, issue 95 of 2004, amended SG, issue 83 of 10/18/2004) aremadethefollowingamendments:
- Article36, par.5 is amended as follows:
“ Article 36 (5) The inventory book on the enforcementcasescontains the followingdata:
1. numberanddateof the application for the opening of an enforcementcaseor for accession to an enforcementcase.
2. numberof the enforcementcase;
3. numberofthecasefor which the writ of execution or order is issued;
4 thecourtthat has issued the writ of execution or the order;
5. nameand registration numberof the privateenforcement agent;
6. name(appellation) PIN ( UIC/BULSTRAT), address (main office) of the claimant;
7. name (appellation)PIN ( UIC/BULSTRAT), address (main office) of the debtor;
8. type and amount of the receivable;
9. origin of the receivable;
10. dateof suspension, respectively, reopening, closing or termination of the case;
11. dateof sending of the enforcementcaseto another enforcement agent.”
2. Article 37, par.4 is amended as follows:
“ Article 37 (4) Thejournal of the performed activitiesperformed actionscontains the following data:
1. date;
2. serial number;
3. numberof the enforcementcase;
4. charged feesand additional expenditures;
5. description of the performed activitiesperformed actions;
6. nameof the obliged person;
7. received complaints and the effect from them.
8. received payments;
9. made payments.”
3. В Article 104, par.1 thewords „areceipt,which ” is replaced by „a reportprotocol, which”.
4. A new § 9is added with the following text:
㤠9 (1) ThecasemanagementbooksunderArticle 36, par.5 andArticle 37, par.4 canmayalso be kept electronically.
(2) When the case management books are kept in electronic form a unique identification code is generated upon every entryWhen the journal of the performed activities is kept electronically, its closing is done by a universal electronic signature.
(3) Whentheinventorybookiskeptelectronically, eachstateenforcement agententerstheinformationunderArticle 36, par.5 intherespectiveareasoftheunifiedcomputerdata base of the register of the filedcases, established in accordance with § 1, par.3 of the Additional Provisions of the Regulation on the Official Archiveof the private enforcement agents.
5.A new § 10is added with the following text:
„§ 10AsofJanuary1, 2007 thecasemanagementbooksunderArticle 36, par.5 andArticle 37, par.4 are kept in a manner and standard ensuring information exchange with the state administrationelectronically in the “ХМL” standard of information exchange.
§ 4. ThisRegulationis issued on the grounds of Article 22, par.1 of theLPEA.
Application Annex No. 1 toArticle 6, par.2 – template of an incoming register
Date / Incoming. № / № of enforcement case / Sender / Description / Notes1 / 2 / 3 / 4 / 5 / 6
Filling in – instructions:
In column 1 – fill in the date of receipt of document in the case management office.
In column 2 – fill in the incoming number of the document received in the case management office. The incoming numbers consist of five ciphers from 00001 to 99999, and they follow the sequence of the numbers. The incoming numberis recorded on the received document.
Incolumn 3 – fill in the enforcementcasenumber of the incoming document is filled in. In case the document is not related with a specific case, fill in ‘other’.
Incolumn 4 – fill in the name(appellation) and address of the sender.
Incolumn 5 – write ashortdescriptionofthenatureoftheincomingdocument (forexample: applicationforopeningacase, applicationforsuspending, complaint, information from the registration office etc.).
Incolumn 6 – free text ofthe privateenforcement agent.
Application №Annex No. 2 toArticle 7, par.2 – template of an outgoing register
Date / Outgoing № / № of the enforcement case / Addressee / Description / Notes1 / 2 / 3 / 4 / 5 / 6
Filling in – instructions:
Incolumn 1 – fill in the date of outgoing of the document from the case management office.
Incolumn 2 – fill in theoutgoingnumber of the document given in the case management office. The outgoing numbers consist of five ciphers from 00001 to 99999, and they follow the sequence of the numbers. The outgoing numberis recorded on the sent out document.
Incolumn 3 – fill in the enforcementcase number of the outgoing document. In case the document is not related with a specific case, fill in ‘other’.
Incolumn 4 – fill in the name(appellation) and address of the addressee.
Incolumn 5 – write ashortdescriptionofthenatureoftheoutgoingdocument (forexample: attachment notice, inquiry request to the registration office, sending a received complaintto the competent court etc.).
В column 6 – thewayofsendingoftheoutgoingdocumentisspecified (withacknowledgementofreceipt, byregisteredmail, fax, courier, e-mailetc.).
Application №Annex No. 3 toArticle 8, par. 4 – template of the Registeroffiledcases
№ of enforcement case / № anddateof application for opening / accession / № ofthecase with issued writ of execution / orderт; name of the court / Nameofthe privateenforcement agent / Рег. № ofthe privateenforcement agent / Claimant / Debtor / Type and amount of the receivable / Origin of the receivable / Dateof suspension / Dateof reopening / Dateof closing / Date of termination / Dateof sending of the case to another enforcement agent1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14
Filling in – instructions:
Incolumn 1 –fill in the number of the enforcementcase prepared in accordance with Article 16, par. 3.
Incolumn 2 – fill in theincomingnumber (togetherwiththedate) oftheapplicationforopeningofanenforcementcase / the application for accession to an enforcementcasein the incoming registerofthe privateenforcement agent.
Incolumn 3 – fill in the name of the court and the number of the case for which a writ of execution, respectively, order is issued.
Incolumn 4 – fillinthename of the privateenforcement agent as it is recorded in the Register of the private enforcement agents.
Incolumn 5 – fillintheregistrationnumberofthe privateenforcement agent under which he is recorded in the Register of the private enforcement agents.
Incolumn 6 – fillinthecapacityoftheclaimant(stateinstitution, bank, trader, legalentityornaturalperson).Fillinthename(appellation), PIN(UIC/BULSTAT) and address (main office) of the claimant.
Incolumn 7 – fillin: thename (appellation), PIN(UIC/BULSTAT) and address (main office) of thedebtor.
Incolumn 8 – fill in the type of receivable – public or private,cash or non-cash. For the cash receivables as an amount of the receivable is recorded the sum total of the adjudged principle, the moratory interest and expendituresin the way they are specified in the writ of execution. When the receivable is non-cash, the amount is not shown. When in one writ of execution are specified both cash and non-cash receivables, they are recorded separately in accordance with the previous two sentences.
Incolumn 9 – fillininformationonthelegalrelationshipresultinginthereceivable (forexampleapromisorynote, loan, rent, registeredpledgeetc.). Itisobligatorytorecordthereceivablesresultingfromalaborlegalrelationship, forchildsupportmoneyandsubmissionofachild, respectively, ‘inalaborlegalrelationship’, ‘forchildsupportmoney’ and ‘forsubmissionofachild’.
Incolumn 10 – fill in thedateof suspension of the enforcement proceedings.
Incolumn 11 – fill in thedateof reopening of the enforcement proceedings.
Incolumn 12 – fill in the date the casewas ‘closed’, i.e., the receivable in the enforcementcasehas been fully collected.
Incolumn 13 – fill in the date of termination of the enforcement proceedings.
Incolumn 14 – fill in thedatethecasehasbeensenttoanotherenforcement agent, i.e., the assignment for collection of the receivable has been withdrawn by the claimant.Fill in theregistrationnumberofthe privateenforcement agent, respectively, thenumberoftheregionalcourtofjurisdiction of thestateenforcement agent sending the enforcementcase.
Application№ 4 toArticle 9, par.4 – template of the journalof performed activitiesperformed actions
Date / Serial № of the activity / Enforcementcase № / Description of the performed activity / Name (appellation ) of the obliged party1 / 2 / 3 / 4 / 5
Filling in – instructions:
General:
- Inthejournalofperformed activitiesperformed actionsarerecordedallactivitiesperformed by the privateenforcement agent in person or by his assistants or employees within the frames of their official activity.
- Itisobligatorytorecordallactivitiesfortheperformanceofwhicharechargedfeesoradditionalexpenditures in accordance with the Tariff of the fees and the additional expendituresunder the Law on the Private Enforcement Agents.
- The activity is recorded in the journal on the date it is performed. Theactivityisperformedonthedatewhenthetargetedlegalandactualconsequencestakeplace, forexample: foraninventory– dateofinventoryreport, forrestraintwithoutinventory– thedateonwhichtheobligedpersonhasreceivedthenotice,foraninquiryintheregistrationoffice– thedateofreceiptoftheinformationinquiry,foracopyofanenforcementcase – thedatethecopywassenttothecompetentbody, forasubpoena– thedate the subpoena was prepared, for handing of subpoena – the date it was served etc. In the cases the date of recording in the journal does not correspond with the date the activity was performed, in column 4 is specified the date on which it has been performed in accordance with the previous sentence.
- Itisobligatorytorecordthechargingofthefeesand of the additional expenditures, in accordance with the Tariff of the fees and the additional expendituresunder the Law on the Private Enforcement Agents, as well as the approved by the privateenforcement agentotherenforcement expenditures. Inthesecasesin column 4besidesrecording ‘chargedfees’, ‘chargedadditionalexpenditures’ or ‘approvedexpenditures’, fillinthe, respectively, thegroundsforchargingorapprovingthem, as well as their amounts. Therecordinginthejournalisdoneatthemomentofchargingofthefeesortheadditionalexpenditures,i.e., simultaneously with the opening of the account under Article 79 of the LPEA, respectively, of approving the other enforcement expenditures.
- Itisobligatorytorecordthepreparation, respectively, theservingofsubpoenasandpapersunderitem5 of the Tariff of the fees and the additional expendituresunder the Law on the Private Enforcement Agents. The recordings are, respectively, ‘subpoena preparation’ or ‘preparation of papers’ and ‘serving of a subpoena’ or ‘serving of papers’.
- It is obligatory to reflect the imposing of a guarantee measure under a guarantee order, i.e. a measure, which is not imposed under a pending execution proceeding. The recording is “guarantee measure”.
- Itisobligatorytorecordthe complaints against the activities of the privateenforcement agent.The receipt of a complaint is recorded in column 4 with‘complaint – received’andentering of the incoming number of the complaint. Ifthecompetentcourthashonored sustained thecomplaint, in the journal (column 4) recorded “complaint – sustainedhonored’,”and again is specified the incoming numberof the complaint.When the complaint is partially honoredsustained, it is still recorded “complaint – honored’sustained”.
- Itisobligatorytorecordthereceivedandmadepaymentsofreceivablesinthe enforcementcases, respectively with ‘received payment’ and ‘made payment’. When recorded ‘received payment’, it is obligatory to specify whether it is ‘voluntary’ or ‘other’. ‘Voluntary’ payments made within the term for voluntary enforcement resulting from an agreement between the parties(including when the payment is made directly to the claimant) or the ones under Article 348 of the CPC.
Thereceivedcashpaymentsarerecordedatissuanceofacredit-order. The received payments in the special bank accounts are recorded on the date of receipt of information about the movement in them from the servicing bank in the case management office of the privateenforcement agent. Inthecaseswhenthedateofrecordinginthejournaldoesnotcoincide with the value date of the received payment,incolumn 4 is also specified the value date.