Discover how legal experts safeguard your interests and minimize losses in debt collection and enforcement cases.

To collect debts, it is not enough to get an executive document. It is necessary to organize its execution. Companies and individuals who have received enforcement documents can send them for collection from debtors independently or through enforcement agencies. It is possible to collect debts through the enforcement agencies when the bailiff has initiated enforcement proceedings. To interact with the enforcement agencies, we recommend contacting our lawyer, who will study all the documents and act in your best interests.

What are the executive documents?

Executive documents are documents according to which money is indisputably collected from debtors’ bank accounts, electronic money from their electronic wallets. The list of executive documents is established in the Belarusian legislation. Usually, an enforcement document is issued to the recoverer or his representative after the case is resolved by a court or other state body.

Where are the executive documents sent?

The recoverer is not obliged to independently send an enforcement document for collection. He can immediately apply to the enforcement agencies at the location of the debtor or his property or his business activities, when the debtor is a company. The Republic of Belarus does not provide for the automatic initiation of enforcement proceedings without the debtor’s application.

It should be remembered that since 04/10/2022, the execution of executive documents in favor of residents of unfriendly states has been suspended in the Republic of Belarus. Such States include, in particular, the member States of the European Union, the USA, Switzerland, Albania, Montenegro.

When the executive document is sent to the enforcement agencies

The claimant may send the enforcement document to the enforcement agencies within three years. For example, the notary’s executive inscription can be sent to the enforcement agencies within three years from the date of its commission.

An application for the initiation of enforcement proceedings and the enforcement document itself must be sent to the enforcement agencies. If the claimant previously sent a payment request to the bank or sent an enforcement document to the place where the debtor received income, then copies of the relevant documents are attached to the application. Documents can be sent by mail or brought in person.

What documents you should take

In case of personal submission of documents, you need to take your passport with you. In addition to a passport or residence permit, the director of the applicant organization needs to take with him a document confirming the status of the head. For example, an appointment order or a contract or an extract from the appointment decision. A representative of the applicant organization, who is not its head, must have a power of attorney in addition to a passport or residence permit.

Resolution on the initiation of enforcement proceedings

The bailiff issues a decision on the initiation of enforcement proceedings no later than three days after receiving the application and the enforcement document from the claimant. The recoverer can receive the decision of the bailiff personally. Otherwise, it will be sent by mail.

Various offset options can be discussed with the debtor. For example, the acceptance of property to offset the debt under the executive document. When the debtor is a manufacturing organization, it is possible to consider taking off the debt of the manufactured products.

How does a bailiff act in enforcement proceedings

After the initiation of enforcement proceedings, the bailiff informs the debtor about the initiation of enforcement proceedings and gives seven days for voluntary execution. If during this time the debtor has not begun to pay the debt, the bailiff begins debt collection at the expense of funds and other property of the debtor.

Debt collection at the expense of the debtor’s funds

The bailiff acts on the basis of information about the debtor’s bank accounts and cash. He sends the executive document to the bank to collect the debt from the debtor’s bank accounts and deposits. The recovered money is credited to the enforcement agencies’ bank account. First, Belarusian rubles are collected, and if they are not enough to repay the debt, then funds in foreign currency are collected. The debtor’s cash is described, withdrawn according to the act and deposited into the enforcement agencies’ bank account.

They do not collect debt at the expense of property that cannot be foreclosed on according to enforcement documents. Such property includes, in particular, the property of citizens: one apartment in which the debtor permanently resides, except in cases of collecting a loan for this apartment, household items and other property that are necessary for the debtor and his family members.

At the expense of what property can the debt be recovered

You can collect the debt at the expense of the debtor’s own property, as well as at the expense of property that is jointly owned.

Allocation of the debtor’s share in common ownership

If the debtor’s share in joint ownership has not been allocated, then the recoverer will need to file a claim with the court for the allocation of the debtor’s share in the common property in order to foreclose on it. It is necessary to apply to the court within a month from the date of receipt of the relevant notification from the bailiff, otherwise the bailiff will return the enforcement document.