Mortgages
– The most accurate and fastest possibility of the judicial decision as an overlap arrest of the debtor's claims against third parties. This matter falls within the competence of the lower court at the place of residence. The decision on seizure of property takes the lower court. The creditor must acknowledge requirements in relation to third parties. By adjudication of the arrest of the debtor's property is not checked, the availability requirements of reality. Seizure of movable property of the debtor and its implementation is often not brings much success.
Although in most cases, personal property may be seized, its implementation will not bring the expected financial results. Western Union often says this. Execution of court decisions regarding real estate occurs either through a mortgage, which must then be implemented, either by immediate forced sale of property by auction or by introducing compulsory management. The Implementation Process land is often quite long and expensive. In this case, the necessary expertise to determine the most effective way of selling real estate. 6. How long is the procedure for executing decision of the court? – Decisions of the recovery requirements are executed relatively quickly. By notification to the lender may report to a third party to the debtor of its disagreement on the payment of cash. Then, the lender seeking the seizure of cash and a court decision on the transfer of the creditor rights of the debtor.
Even before the notice of the decision in respect of the debtor in any case it is possible to pre-ban payments (equivalent to arrest), which provides the effect of psychological pressure. When submitting a well-formed decision on the application it is usually taken two to three weeks from the date of submission. – Execution court decision in respect of movable property is the responsibility of law enforcement. They are chronically overworked and are not very flexible, so that the execution of judicial decisions are often bogged down. – Execution of court decisions on real estate is within the competence of the court. When submitting a well-formed statements can count on its timely consideration. In the so-called. new federal states (Saxony / Sachsen /, Saxony-Anhalt / Sachsen-Anhalt /, Mecklenburg-Western Pomerania / Mecklenburg-Vorpommern /, Brandenburg / Brandenburg / Thuringia and / Thueringen /) courts, which deal with land cadastre, heavily overloaded and lack of staff, so you have to be delayed. Implementation Real estate can take a long time, so that the proceeds from the sale can only expect one to two years. 7. What can a creditor, if the decision of the court was not successful? In principle creditor can use all the above possibilities for implementation of the decision of the court. He may also try to use these capabilities in parallel. If the court decision is not successful, the lender may require the debtor's written statement on the status of his property. In this case, the lender gets the record of trial, a statement of the debtor. It often helps to find new opportunities for the execution of court decisions because the debtor is thereby required to provide new data, including for example and his work. Execution of court decisions can be repeated as long as the debtor does not settle with creditors. It is recommended to repeat the procedure adjudication on the execution of every two to three years.