The Amendments To The Law On Bailiffs

Original Language Title: Grozījumi Tiesu izpildītāju likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/229237

The Saeima has adopted and the President promulgated the following laws: the law on bailiffs do court bailiffs Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2003; 2004, nr. 23, 20; 2006, 2. no no no 3; 2008; Latvian journal, no. 26, 2011) the following amendments: 1. Supplement article 9 with the third subparagraph by the following: "(3) the information on the sworn bailiff appointment, revocation, and suspension of release by the Ministry of Justice sent to the Treasury."
2. Supplement article 141.1 of the Act with the following: "article 141.1. Charges associated with the courts and other bodies the enforcement of judgments and other sworn bailiff Office and professional activities of the person carried out by transfer to the sworn bailiff's deposit account in the Treasury or by transferring cash to the sworn bailiff in Exchange for a receipt for cash. "
3. Article 144 of the expression by the following: ' article 144. (1) the sworn bailiff in her name-the Treasury open deposit account in which are stored from debtors recover funds and other amounts due to the interested parties (the deposit amount). Deposit receipt and amount of costs allowed only sworn into the bailiff's deposit account in the Treasury.
(2) a sworn bailiff shall notify the Latvian Council of sworn bailiffs ' Council your deposit account number. Information about the sworn bailiff's deposit account in the Latvian Council of sworn bailiffs ' Council in the Latvian Council of sworn bailiffs ' Council website on the internet.
(3) if the debtor of the recovered funds and other amounts due to the stakeholders, the deposit account received in foreign currency, they are converted into lats according to the Bank of Latvia the official foreign exchange rate on the day on which the funds are received on the deposit account. If the cost of funds from deposit account to be made in foreign currency, the amount will be converted into foreign currency, according to the Bank of Latvia the official foreign exchange rate on the day on which the funds are to be paid. "
4. in article 145: replace the first paragraph, the words "credit institution" with a number and the words in brackets "(article 144, first paragraph)";
make the second paragraph as follows: "(2) if the sworn bailiff is released or cancelled from the post, as well as the sworn bailiff death sworn bailiff, which by order of the Minister of Justice asked to fulfil the responsibilities of the vacant station, Treasury to his name opens a new deposit account. The Treasury of the position switch, cancel or exempt the deceased sworn bailiff's deposit account and transfer the balance of a deposit account to a new deposit account of the Treasury. If the sworn bailiff disqualified from Office or is away for other reasons, with the deposit account on the deposit amount with an order of the Minister of Justice established the sworn bailiff or assistant bailiff sworn. "
5. Express article 146 as follows: "article 146. (1) the sworn bailiff each year separate deposit amount to the accounting books. The deposit amount is the accounting books with numbered pages and caurauklot. Before the recording of it in place with lacings secured the Latvian Council of sworn bailiffs ' Council seal. The Latvian Council of sworn bailiffs ' Council authorised person sign it and do a check on the caurauklot page.
(2) the deposit amount you can sort the accounting books electronically. Current year electronic information accumulated sworn bailiff until next February 1, print, sanumur, cauraukl and submitted to the Latvian Council of sworn bailiffs ' Council for signing and sealing with the Latvian Council of sworn bailiffs ' Council seal.
(3) the deposit amount to the accounting book cash balance should match the balance in the deposit account. Records the amount of the deposit in the accounting books are divided by months. If the sworn bailiff deposit amount to the accounting books in the writing, he calculate the beginning of each month and with a deposit account statement compares the balance amount in the previous month, the first and last date of the sworn bailiff's deposit account, with a separate indication of the total amount received and paid the previous month. If the sworn bailiff deposit amount in accounting books electronically, he calculate the beginning of each month and with a deposit account statement compares the balance amount in the previous month, the first and last date of the sworn bailiff's deposit account.
(4) the amount of the deposit, which the previous December 31 balance remains sworn bailiff's deposit account, the deposit amount the following year accounting book early as the remainder. Each deposit received amount indicated separately as in the previous year's amount of deposit payable book. "
6. turn off in article 149 of the word "credit".
7. Article 152: make the first paragraph by the following: "(1) the money is paid to the party from the sworn bailiff's deposit account to a collection agency with the transfer payment account.";
off in the third paragraph, the words "or to be served".
8. Supplement title XIII article 152.1 of the following: ' Article 152.1. The Ministry of Justice and the Latvian Council of sworn bailiffs ' Council is the statutory functions has the right to receive messages on a sworn bailiff deposit accounts registered payments. "
9. transitional provisions be supplemented with 30, 31, 32 and 33 as follows: "30. Sworn bailiff provides deposit account opening and the Treasury all the sworn bailiff's deposit account of the debtor's credit recovered cash and all other amounts owed to stakeholders, transfer to sworn into the bailiff's deposit account in the Treasury until July 1, 2011.
31. the documents sworn bailiff issued at the opening of a deposit account in the Treasury, as a sworn bailiff settlement properties of the recovered money defaulting debtors and other amounts owed to stakeholders, transferring to the bailiff to be sworn in only a sworn bailiff's deposit account in the Treasury. Documents that are sworn bailiff has managed to open a deposit account in the Treasury, information contained on the sworn bailiff settlement properties of the document recipient with a credit institution is binding until 30 June 2012, if the sworn bailiff did not notice on the settlement properties change.
32. the deposit amount received on the deposit account in the credit institution after the sworn bailiff opened a deposit account in the Treasury, payable to sworn into the bailiff's deposit account to the Treasury within seven days from the date of receiving the sworn bailiff's deposit account in a credit institution. Sworn bailiff's deposit account in a credit institution the switch until June 30, 2012.
33. at the opening of a deposit account Treasury sworn bailiff equipment the deposit account in the State Treasury the amount of accounting books according to this law, the first paragraph of article 146, and concluded the amount of deposit, deposit account accounting books to the credit institution. The amount of the balance in the deposit account remains on the credit institution, the sworn bailiff's deposit account records state that the carrying amount at the beginning of the book as a balance. "
The law shall enter into force on 1 June 2011.
The Parliament adopted the law in 2011 on April 14.
President Valdis Zatlers in Riga V 2011 April 27.