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Enforcement fees
Enforcement fees
There are several types of enforcement fee, e.g. scheduled fee, processing fee, disbursement fee, auction fee, execution fee and fee for delayed assertion.
A scheduled fee is levied from each payment or debt service collected from the debtor. The amount of the fee depends on the amount of the payment or debt service (see schedule).
If the debt cannot be collected from the debtor because of lack of means or some other reason, or if the creditor withdraws the request, a processing fee is collected from the creditor when the documents are returned to him or her. In a regular enforcement matter, the fee is 7.40 and in a limited enforcement matter 3.70. If the creditor has requested that the debt be entered into the passive register, a supplementary processing fee of 7.40 is payable.
The creditor will be liable to pay a disbursement fee for each amount that the enforcement authority disburses to him or her. The fee amounts to 1.45 per cent of the disbursed amount, but in any event not more than 500. (Amendments come into force 1.1.2009)
In addition to the scheduled fee, also an auction fee is levied for the compulsatory auction of distrained real property, registered vessel, registered aircraft, shares in a housing company or real estate company, or mortgageable vehicle or machinery (see schedule).
There is an execution fee for the carrying out of evictions, hire-purchase settlements and precautionary measures (seizures) (see schedule).
If a creditor fails to assert his or her pledge claim basing on a mortgage in the negotiation between the parties, the creditor is liable to pay a fee for delayed assertion. The fee is determined on the basis of the amount of the claim as provided for the scheduled fee, with the exception that the sum is doubled. (Coming into force 1.1.2009)
No enforcement fees are levied in the enforcement of criminal penalties, threats of a fine and child support payments. No barrier fees are collected from injured parties who have been awarded damages in criminal proceedings. Judicial authorities, tax authorities, prosecutors and pre-trial investigation authorities are exempt from enforcement fees.
The fees are as follows:
Scheduled fees (into force 1.1.2009)
Collected receivable or a part thereof up to 14, scheduled fee 2,50 over 14 but up to 27, scheduled fee 5,00 over 27 but up to 67, scheduled fee 7,00 over 67 but up to 165, scheduled fee 12,00 over 165 but up to 335, scheduled fee 27,00 over 335 but up to 670, scheduled fee 56,00 over 670 but up to 1 680, scheduled fee 84,00 over 1 680 but up to 8 400, scheduled fee 134,00 over 8 400, scheduled fee 210,00
Processing fee
regular enforcement 7,40 limited enforcement 3,70 passive register, supplementary fee 7,40
Disbursement fee (Amendments come into force 1.1.2009)
1.45 per cent of the disbursed amount, but in any event not more than 500
Auction fee
Off the auction price in a bailiffs auction real property 841 shares in housing company etc. 336
Enforcement fee
eviction from residence 84 other eviction 168
Executive assistance and settlement under the Hire-Purchase Act value of the object up to 840, 84 value of the object over 840, 168 other execution 168
Only one half of the execution fee is levied, if no material execution measures have been taken.
Updated on 3rd of May 2011
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