Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here:

The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009, 14 no) the following amendments : 1.595. Article: turn off the first part of paragraph 3;
make the second paragraph as follows: "(2) directing the recovery to the State pensions of State social insurance benefits and remuneration, applicable provisions on recovery going to pay, ensuring that after making the deductions, the amount per month for each payment shall not be less than the State social security benefit if other laws are not necessarily the other deduction limitations."
2.596. Article: Express (1) of the following: "1) redundancy benefits, death grants, lump sum payment of the deceased spouse, State social benefits, public assistance with coeliac disease sick child who does not have a specific disability, survivor's pension and compensation for survivors;"
to supplement the article with a paragraph 5 by the following: "5) maintenance of the child the Cabinet fixed minimum maintenance of the child, which, on the basis of the Court ruling, one of the parents in charge, as well as to the maintenance guarantee fund for child maintenance to be paid."
3. Express 606. the first paragraph by the following: "(1) real estate auction, if this law 604. article is not submitted within the time limit set in the request for a new real estate assessment or it has been rejected, the bailiff shall communicate at least one month before the auction. At the request of the party can announce the auction at least two months before the auction, but not later than one month before the auction. "
4. in Article 611: Add to the second part of the sentence the following wording: "for the payment of all the amounts considered to be also submitted to the bailiff at the request of the bank guarantee letter of warranty items, amount and time period may not be less than three months from the date of approval of the auction law, if such a demand letter for the guarantee of use agreed to a collection agency and mortgage creditor.";
Add to article 3.1 part as follows: "(31) after the bailiff shall submit to the bank a copy of the Court decision on the approval of the Act of the auction, the bank three days including the bailiff's deposit account at the request of the bank guarantees the amount specified in the letter."
5. Supplement article 613 with 5.1 part as follows: "(51), at its request, the bank issued the request in the letter of guarantee used for the payment of the purchase price, the Court decides on the establishment of national security on real estate sold."
6. turn off 615 article last sentence of the third paragraph.
7. Article 616: turn off the title, the words "and the third";
to turn off the second part;
replace the third paragraph, the words "If the party is asked to hold a third auction, or if a third auction has taken place" with the words "If the second auction does not take place."
8. transitional provisions be supplemented with 43, 44 and 45 of the following paragraph: "43. If the real estate auction announced for 2010. on 31 January, it held after the notified provisions. If the notified the second auction does not take place and no one wants to keep the property for himself (615), at the request of the party after one month from the date of publication of the advertisement, the bailiff shall hold a third auction, subject to the provisions of the first auction, but bidding starts from the amounts corresponding to 60 percent from the initial price in the first auction.
44. During the period from 1 February 2010 to 2012 December 31, the mortgage creditor, which for a good first mortgage fixed, unless it is also a party, in addition to this law, the third paragraph of article 600 in at the same time is required to inform the bailiff if it agrees to the sale of real property, except when the drive is in favor of such claims: 1) for maintenance;
2) wage recovery;
3) for personal injury that results in permanent disability or other health damage or causing death;
4) on tax and non-tax payments to the budget;
5) for the damages, which caused the physical property of persons with a criminal offence or administrative offence;
6) for recovery of the debt subject to insolvency.
45. If a mortgage vendor for a good first mortgage fixed, opposes the sale of the immovable property (the transitional provisions of paragraph 44), the court bailiff for one year, but no longer than up to 2012 31 December deferred recovery going into real estate. "
The law shall enter into force on February 1, 2010.
The Parliament adopted the law of 17 December.
President Valdis Zatlers in Riga V 2009 December 30