Creditors to pay court expenditures in advance
The expenses for carrying out court writs will be payed in advance by creditors – the persons who will benefit from carrying out the writ. The creditor will then have the right to claim the money from the debtor. The parliament adopted such modifications, in the first reading on Thursday, to the Execution Code, Info-Prim Neo reports.
The expenditures are incurred for carrying, keeping and selling goods and remunerating specialists, for transportation of the bailiff, publishing announcements, forced conveyance of the debtor, for organizing auctions. The Government is to establish their gauge.
Deputy Minister of Justice Nicolae Esanu has told the floor there is no money to carrying out the writs. This is the reason why many writs are not executed or delayed.
The creditor will have to pay in advance for execution expenditures till the deadline established by the bailiff. Otherwise, the bailiff may delay the execution. If the creditor does not pay within 3 months, the writ will not be executed.
A number of opposition MPs have said the new provisions transfer the execution expenditures from the state's shoulders to the shoulders of natural and legal entities. They claim this is not going to improve the executing process. The deputy Minister has replied the creditor incurs, in advance, the expenditures for forced executing, as the debtor pays later, in all European countries.
The bill was set for vote by the Moldovan President and is to be passed int he second reading.