Enforcement of a Court Decision in Latvia
Updated on Tuesday 07th May 2019
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Enforcement of a court decision in Latvia generally refers to legal cases that are handled in civil and commercial matters. The enforcement procedure implies the fact that, after the court made a ruling regarding legal matters in which debtors and creditors are involved, the court bailiffs will start the enforcement measures as stipulated by the Latvian legislation; our team of debt collection lawyers in Latvia can assist persons with an extensive presentation regarding the laws applicable in this case.
What types of assets can be subjected to enforcement in Latvia?
The enforcement of a court decision represents one of the final stages of debt collection in Latvia, which obliges a debtor to pay his or her debt towards a creditor. Through this procedure, the assets of the debtor can be seized and the Latvian bailiffs are entitled to seize a wide rage of assets belonging to the debtor, such as his or her movable property and immovable property, or parts of such assets.
Still, persons who have the quality of debtors in Latvia must know that they are entitled to keep specific assets, which can’t be seized from them under the Latvian law. Thus, debtors are entitled to keep personal assets or assets used for having a decent life (household items).
At the same time, debtors can also keep the goods that are used in order to develop their work activity; our team of debt collection lawyers in Latvia can advise debtors with more information on the rights they have once the enforcement procedure has started in this country. Some of the basic effects of an enforcement decision are the following:
- from the moment when the enforcement decision was taken, the debtor is no longer entitled to use his or her assets that became the subject of enforcement;
- this rule is applicable regardless if the enforcement decision was applied to movable property, immovable property or financial assets;
- besides the decision itself, that will lead to the seizure of certain assets, the court can also impose a fine;
- the value of the fine ranges based on the legal personality of the debtor (natural person, legal entity);
- if the debtor refuses to comply with the enforcement decision, the police can participate in the procedure.
When can enforcement be applied in Latvia?
The recognition of an enforcement decision in Latvia is based on a wide range of documents. In Latvia, several types of enforcement documents are recognized under the local law, and only they can lead to the execution of the respective decision in this country. Thus, the procedure of debt collection in Latvia for an enforcement case is based on the following:
- an enforcement decision that was ruled by a court for civil and commercial grounds;
- an execution order that was issued based on an administrative act;
- a court decision which established that a party needs to pay specific fines;
- enforcement can be started based on a bill issued by a public notary or by lawyers;
- enforcement orders issued at the level of the EU – the European Enforcement Order;
- certificates issued by foreign courts or other foreign competent authorities.
What is the Latvian law for the enforcement of foreign judgments?
As presented above, in cases related to debt collection in Latvia, the applicable law recognizes foreign judgments ruled by foreign courts. The enforcement of a court decision ruled out by a foreign court is regulated in Latvia under the Civil Procedure Law, Chapter 77.
Considering that Latvia is a member state of the European Union (EU), the EU law regarding the enforcement of foreign decisions is also applicable. In this case, regulations such as the Council Regulation (EC) No. 44/2001, Council Regulation (EC) No. 2201/2003, Council Regulation (EC) No. 805/2004, Council Regulation (EC) No. 861/2007 and Council Regulation (EC) No. 1896/2006 will apply.
Parties involved in debt collection in Latvia should know that an enforcement document refers to numerous other types of court decisions and our team of lawyers can present the extensive list of documents based on which enforcement can start here. It is also important to know that in Latvia there is a specific time frame in which enforcement cases can be handled here – a period of maximum 10 years; we invite Latvian citizens or foreign persons involved in an enforcement case to contact our team of debt collection lawyers in Latvia, who can offer legal representation in front of a local court.