Provisions On Sworn Bailiff Recordkeeping

Original Language Title: Noteikumi par zvērinātu tiesu izpildītāju lietvedību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/131346

Cabinet of Ministers Regulations No. 202, Riga, 14 March 2006 (pr. Nr. 15. § 29) the provisions concerning sworn bailiff records issued in accordance with the bailiffs Act 156. Article i. General questions 1. determines the sworn bailiff records and statistical accounting procedures, a sworn bailiff thing nomenclature and storage case.
2. All the sworn bailiff (huissier) the obligations and rights set out in these regulations, also apply to persons who substitute bailiff.
3. The bailiff of each current year dedicated information media (file, journal, book, electronic database) records: 3.1 receive correspondence;
3.2. outgoing correspondence;
3.3. the deposit amount;
3.4. enforcement cases;
3.5. the voucher book;
3.6. cheque book;
3.7. the recorded messages;
3.8. the archive of the Executive in the case;
3.9. the legislation drawn up by the court bailiff.
4. The bailiff draws up the following folders: documents received 4.1 operating area, which does not refer to specific enforcement case;
4.2. outgoing documents operating area, which does not refer to specific enforcement case;
4.3. the decisions taken by the bailiff, who is not related to specific compliance matters;
4.4. statistical reports;
4.5. the methodical instructions (a sworn bailiff Council letter, informational and other instructions).
5. The bailiff provides electronic database accumulated information available. The electronic database of the information accumulated bailiff each month until next month's fifth day in print and save paper.
6. The bailiff in his practice placed the following be considered: 6.1. the bailiff's station area;
6.2. reception time (including date and time);
6.3. the bailiff's name, title and place of practice, the person who replaced the court bailiff, vacation time, if he has no helper;
6.4. the bailiff's Assistant's name;
6.5. the post of bailiff remuneration rates;
6.6. the means of enforcement;
6.7. the enforcement expenses contribution;
6.8. the bailiff's deposit account number;
6.9. the order in which you can get acquainted with the materials of the case to the Executive;
6.10. practice post notifications and announcements in accordance with the Civil procedure law.
II. The bailiff of the correspondence of acceptance, registration and shipping arrangements 7. correspondence Received lists numbering in ascending order. Records indicate the following information on the received correspondence: 7.1 the registration number;
7.2. the date of the registration;
7.3. the document number (number assigned by the Publisher);
7.4. the applicant (name, surname, the name of the legal person);
7.5. the document contents (the contents or name);
7.6. progress (to be recorded as Executive case, the answer to be given, in the case of the met, insert returning it or send to the applicant by jurisdiction).
8. The document cover sheet (Executive documents — only on the cover sheet) the first page of the bottom edge of the right side of the document grade to be made, including: 8.1 in capital letters the word "received";
8.2. the bailiff posts;
8.3. the bailiff's title;
8.4. the bailiff's name, address and signature;
8.5. date of receipt of the document;
8.6. correspondence registration number that matches the serial number, correspondence records.
 
For example: GET a Riga court district 53. sworn bailiff, John Kokān (signed) 03.03.2006. Nr. 1 9. received correspondence addressed to a bailiff, open, check the delivery accuracy and compliance of the covering letter or document indicates as the attached documents listed.
10. If it is established that the received message is missing a covering letter or on the attached documents, the document referred to in the question mark to the document received and notify the sender.
11. The bailiff shall ensure all outgoing correspondence (by mail, electronic means or visitors served) of registration or the date of its posting.
12. the outgoing correspondence lists numbering in ascending order. Records indicate the following information on outgoing correspondence: 12.1. registration number;
12.2. the date of the registration;
12.3. the case number (if the outgoing document is executed within the case);
12.4. the recipient (name, surname, the name of the legal person);
12.5. document contents (the contents or name);
12.6. Notes (if the outgoing document is not part of the Executive Affairs: a reference to the document that is the basis for outbound document (if any)).
13. the list, which is not related to the bailiff's Office activities, as well as letters and mail received back the statement that adds the records in the case of the Executive concerned are not tracked. Correspondence that is not addressed to a specific send a bailiff at the Court or back to the sender.
III. adoption of the Implementation, tracking and shipping arrangements 14. Bailiff execution provides all of the Executive are subject to acceptance and registration of documents to the Executive in the case.
15. Notes on the Executive receiving the document on the implementation of the documents received shall be the place of execution in a document or on the first page of the document the implementation of the bottom edge of the right side. Notes on the Executive receiving the document: 15.1 in capital letters the word "received";
15.2. the bailiff's posts;
15.3. the bailiff's title;
15.4. the bailiff's name, address and signature;
15.5. the Executive Affairs registration number that corresponds to the accounts of the Executive Affairs of the assigned number;
15.6. the Executive category of the case;
15.7. the date of receipt of the document.
 
For example: GET a Riga court district 53. sworn bailiff, John Kokān (signed) No 1, category-9 16 bailiffs 03.03.2006. According to the Executive document equipment received enforcement case.
17. the Executive Affairs records indicate the following information on the run thing: 17.1. registration number;
17.2. the Executive category of the case;
17.3. the date of receipt of the document;
17.4. the Executive Publisher of the document, date, document type, enforcement case number;
17.5. the debtor's name or name;
10.9. the nature of the claim;
17.7. the party name, or name;
11.1. details of execution cases completed (date, recipient).
18. To execute things indicates the following: 18.1 bailiff posts;
18.2. the Executive Affairs registration number that corresponds to the Executive records assigned to the case number, the Executive category, year of the case;
18.3. the debtor's name or title.
19. the performance of the party sending the document, define the cover letter two copies (first transmitted, the other party accompanied by enforcement case).
20. The bailiff executing the document before it is issued to a collection agency shall record on the issue, indicating the basis of the Act on civil procedures 565. pursuant to the first paragraph of article. Records bailiffs by a signature and a stamp indicating the date.
21. the issue of enforcement document to a collection agency with partial implementation, it specifies the amount recovered. Records bailiffs by a signature and a stamp indicating the date.
22. the completed execution of bailiff made a record of accomplishment, indicating the due date, and confirms with a signature and seal.
23. following the receipt of the supporting documents in the document made the Executive records, as well as Executive documents, cover letter or issued the orders dispatched or ten working days.
24. Termination of the Executive Management, the Executive shall record the document as the basis for termination of the Executive proceedings, stating the article 563 of the Civil Procedure Act the relevant part and point. Confirm the entry with the bailiff's signature and stamp, and the date. Cover letter presented in four copies (first sends the document to the Executive Publisher, second-third-party, the debtor, the fourth execution case is added).
25. sending documents to a recipient registered post, the bailiff records the recorded pieces by drawing up a list of (record shipments and consignments with a recorded statement on domestic registered mail service): 25.1. date of dispatch;
25.2. serial number;
25.3. the recipient (name, last name, or title).
IV. provisions of the Executive proceedings 26. Enforcement case must have all the documents about the bailiff's activities, as well as documents related to the execution of the ruling. If a single document agrees more enforcement cases, each case must be accompanied by a copy of the document with reference to the enforcement case in which can be found in the original document.
27. On completion of the execution or termination of a case, the documents are arranged in chronological order, numbering of pages and fills in the table of contents. A table of contents is implementing things the first page. The table of contents is optional, if the case is less than ten pages.
28. the Executive during the execution of the document does not iešuj and indicate in the table of contents, but after executing inserts run things at the end.

29. the Executive file to a separate sheet, which shall mark the welcome with the file. You can also do this for the bailiff notes pertaining to the execution of the case.
30. All the legislation drawn up by the bailiff shall be numbered in chronological order and registers the bailiff acts drawn up accounting. The number dialed matches the bailiff acts drawn up by the accounting registers multiannual number.
31. The bailiff acts drawn up by the accounting shall show the following: 19.3. the Act's registration number;
31.2. the Act of dialing date;
31.3. the Executive file number, if the instrument was drawn up by the Executive in question;
19.5. the substance of the legislation.
32. The bailiff at the completion of the proceedings for the enforcement or execution in case of termination of all existing documents cauršuj.
33. in the interim report completed implementing things bailiff arranged in ascending numbering order.
V. procedures for issuing records information and consult the Executive records documents 34. The bailiff records the information and welcome with executive management to documents provides a collection agency, bailiff of the debtor or the law and the law of civil procedure in the cases specified other persons.
35. The bailiff shall issue the person documented design information (copy of a document, statement or certificate information) on the basis of a written application of the person.
36. the collection agency and the Executive Affairs of the debtor may be familiar, his bailiff or assistant bailiff in the presence of the employee. On the Welcome to the execution of the case made by a separate grade to run things on the page. Note that the person who made the acquaintance of the file (first name, last name, signature and date), as well as the basis for the mandate, if necessary.
37. A Person may look at things if its implementation presented identity documents. Party and the debtor's representatives shall produce evidence of the representation; lawyers presented evidence of the representative or counsel of a warrant; the public prosecutor, the Ministry of the Interior and the system staff and the staff of the Ministry of Justice, the Latvian Council of sworn bailiffs ' Council employees, district court officials and judges, assignment or request and work licence.
38. A Person familiar with the case, the Executive is entitled to invoice the necessary information from the file or copy the necessary documents by using technical means. Need copy of Executive documentation in case a person orally or in writing inform the bailiff, his Assistant or employee.
Vi. statistical records bailiffs procedures 39. Bailiff twice a year, provides a statistical overview of the enforcement of judgments in civil, criminal, in part for the economic recovery and administrative offences cases in part on economic recovery (hereinafter referred to as statistical report No. 1) and the statistical report about the execution duration of implementation of civil, criminal, in part for the economic recovery and administrative offences cases in part on economic recovery (hereinafter referred to as statistical report No. 2).
40. The bailiff statistical report No 1 and no 2 submitted to the Latvian Council of sworn bailiffs ' Council in the following order: 24.9. report for the first half-year (January 1 – June 30 inclusive) shall be submitted before 10 July of the current year;
40.2. the annual review (1 January – 31 December (inclusive)) submitted by 10 January the following year.
41. The bailiff statistical report No. 1 shall show the following: 41.1. review of the Executive Affairs of the balance at the beginning of the period (the number and total amount);
41.2. the document submitted to the Executive for the performance during the reporting period (number and total amount);
41.3. the completed enforcement cases in the reporting period: in case of performance recovered 41.3.1. (the number and total amount);
41.3.2. the Executive power by the jurisdiction of the case (the number and total amount);
41.3.3. sent a collection agency of the Executive without the execution of case (number and total amount);
41.3.4. sent a collection agency with Executive case partial performance (the number and total amount);
41.3.5. complete implementation of the things together (the number and total amount);
25.7. the balance of the Executive Affairs at the end of the reporting period (number and total amount);
25.8. the balance in the deferred or suspended implementing the things (the number and total amount).
42. The bailiff statistical report No 2 indicates the following: 42.1. the Executive Affairs execution duration in months (number): 42.1.1. up to three months;
42.1.2. from three to 12 months;
42.1.3. more than 12 months;
26.2. the completed enforcement cases in the reporting period (number).
43. Statistics reports no. 1 and no. 2, the bailiff indicates the requested pursuant to the provisions listed in the annex to the Executive Affairs categories.
44. the statistical report shall be drawn up in duplicate. One copy remains the bailiff, the second submitted to the Latvian Council of sworn bailiffs ' Council.
VII. the nomenclature and case storage periods After 45. statistical reporting complete and ended a run of things handed to the archives and the bailiff kept the Archives hold list. The list shall indicate the enforcement case number in ascending order, the bailiff's name, position and years.
46. Filing documents in the archives of the bailiff kept, subject to the following terms: 46.1. the completed enforcement cases, 10 years;
46.2. the executive decision of administrative cases on infringement cases of execution, three years;
46.3. received correspondence tracking media — 10 years;
46.4. the folder with the documents received operating issues not related to the performance of a particular case — five years;
46.5. the outgoing correspondence tracking media — 10 years;
46.6. outgoing documents folder the operating issues that do not relate to the performance of a particular case — five years;
29.0. case tracking media — 10 years;
29.1. the bailiff acts drawn up by the registration records of the media — 10 years;
46.9. the decisions taken by the bailiff folders — 10 years;
46.10. statistical reporting folders — for five years;
46.11. methodological guidance folder — constantly;
46.12. recorded Letter — 10 years;
46.13. the amount of the deposit accounting information media — 10 years;
46.14. voucher book accounting information media — 10 years;
46.15. checkbook accounting information media, for 10 years.
Prime Minister a. Halloween Justice Minister s. Āboltiņ Note: the wording of the entry into force of the provisions by 29 March 2006.
 
 
Annex to the Cabinet of Ministers of 14 March 2006, regulations no 202 of Executive Affairs category i. the civil execution requirements for reinstatement.
The requirements for salary costs and other labour disputes.
Claims for the recovery of damages for legal persons.
Claims for the recovery of damages to natural persons.
Claims for recovery of the child.
Requirements for the determination of origin of the child.
Under the auspices of the legal requirements on termination or limitation.
A claim for divorce or annulment.
Requirements for eviction without another living area.
Requirements for eviction with another living area.
Requirements for eviction for non-payment of rent.
Requirements arising from the space rental or lease agreement.
Property recognition of rights to homeownership.
Recognition of property rights in land or on land and homes.
Disputes over copyright.
Disputes on izgudrotājtiesīb.
Claims for personal injury due to due to road traffic regulations and traffic accidents.
Claims for personal injury to the victim, making the job responsibilities.
Claims for personal injury due to due to other circumstances.
The requirements for removal of the property seizure.
Financial responsibility for forest management and violations of terms of use.
Financial responsibility for illegal hunting and the destruction of resources.
Honor and dignity defended.
Other claims litigation cases.
Cases arising from administrative legal relations.
For adoption approval or cancellation.
Recognition of a person incapable of action.
On the establishment of guardianship.
Recognition of the deceased person.
On fact finding, which is legal.
The last will of the order entry into legal force.
On the acceptance and approval of succession the inheritance law.
Other heritage.
The withdrawal of authorisation.
For the recording of the civil law establish the accuracy of the registration book.
Complaints about the work of notaries.
Other special arrangements for litigation cases.
Cases of deprivation of citizenship.
Family courts ruling.
A foreign court order approval and recognition.
Real Estate Auction Act approval and approval of real property to a collection agency.
Complaints about decisions of the meeting of creditors and the insolvency administrator decisions.
Security requirements before bringing court and evidence.
Obligations in court.
The arbitration ruling.
Protection of property, if there is no inheritance.
Another court ruling.
II. enforcement of Criminal Judgments in part on economic recovery in property confiscation.
Fine.

Civil action in criminal matters.
III. implementation of the Ruling of the administrative offences case in part on the recovery of property the judge or a court decision in cases about administrative offences in part on economic recovery.
Institutions and officials ' decisions in matters relating to administrative offences Act cases.
Minister of Justice Āboltiņ of S.