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Provisions On Sworn Bailiff Posts Rewards Of Taxi

Original Language Title: Noteikumi par zvērinātu tiesu izpildītāju amata atlīdzības taksēm

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Cabinet of Ministers Regulations No. 1075 Riga 2004 December 28 (Mon. No 75 46) provisions on sworn bailiff posts rewards of Issued under taxi bailiff law 80 of 1. Rules provide a sworn bailiff posts rates of remuneration.
2. For each of the sworn bailiff Action Office of the Office of compensation payable amounting to: 2.1 on the proposal or the drawing up and sending the invitation or issue: 3.90 lats;
2.2. the Act on execution of scheduling actions in the implementation of the ruling or determination of the composition: 3.90 lats;
2.3. on request, order or notice issued or the dial and transmission (also electronic) public registry, credit institution, employer or a third party, as well as real property sales process: 3.90 lats. This remuneration is payable on a sworn bailiff aim;
2.4. for the preparation of calculations of costs of enforcement — 3.90 lats;
2.5. for the calculation of the amount of recovery drawn up split between party-3.90 lats;
2.6. the expert evidence: 3.90 lats;
2.7. property description the Act of dialing, also shared the Division of property or inheritance purposes: 2.7.1. According to the number of described positions: 2.7.1.1. up to 10 positions: 19.40 lats;
2.7.1.2. from 11 to 50 positions — 34.90 lats;
2.7.1.3. more than 50 positions — 69.80 lats;
2.7.2. According to the description of property specified in the legislation of all the described property value is applied in addition to the factor of complexity: 2.7.2.1. the factor 1 — if the property value up to 3000 lats;
2.7.2.2. the factor 2 — If the property value from the lat to lat 10000 3001;
2.7.2.3. factor 3-If the property value of the dollar to 100000 dollars 10001;
2.7.2.4. the factor 5 — If the property value is greater than 100000 lats;
2.8. the property preserver replacement — 19.40 lats;
2.9. property auctions, including the preparation of the text of the advertisement: 19.40 lats;
2.10. the movable property auctions – regardless of the auction results, as well as civil procedure Law 589. the first paragraph of article 6, paragraph 1 and 2 in the cases specified — lats 19.40;
2.11. the transfer of property for sale in the Commission, including the drawing up of the Treaty — 19.40 lats;
2.12. for public stock in circulation and transfer of other securities for sale, including the drawing up of the Treaty — 19.40 lats;
2.13 on shore and the submission of the request: 19.40 lats;
2.14. the drawing up of the law in the execution of the ruling, which is binding on the debtor of the obligation to perform certain actions: 19.40 lats;
2.15. the drawing up of the application for a ruling, which is binding on the debtor of the obligation to perform certain actions, and its submission to the Court of Justice: 19.40 lats;
2.16. for the implementation of the security requirements for the seizure of funds in credit institutions or to third parties — lats, in addition to 19.40 applying this rule 2.3. section for each dialed order;
2.17. the implementation of the security on the defendant to perform specific actions: 19.40 lats;
2.18. for information on the implementation of the tariff in the case of the action taken and its issue-19.40 lats;
2.19. the subpoenas or other document delivery: 19.40 lats (one address);
2.20. the participation in the hearing on the real property or to the beneficiary's name: 19.40 lats;
2.21. the drawing up of the application to the Court on the property or to the name of the beneficiary — 34.90 lats;
2.22. on the subject of the transfer specified in the ruling, the party, creating the appropriate legislation — 34.90 lats;
2.23. the fact of filing — 34.90 lats;
2.24. the heritage inventory list of succession — 34.90 lats;
2.25. the eviction of persons and property from the premises or into the possession of real property (no description of property) if it is associated with the transfer of the collection agency for space: 69.80 lats;
2.26. about real estate or the holding of the auction regardless of the auction results, as well as civil procedure act 663. the first paragraph of article 6, paragraph 1 and 2 in the cases specified, 69.80 lats;
2.27. the organisation of a public auction regardless of the auction results (bailiff law article 74, paragraph 4): 69.80 lats. According to the sales price, but if the auction does not take place, in addition to the initial price to properly apply the factor of complexity: 2.27.1. factor 1 — up to 3000 lats;
2.27.2. the factor 2 – from 3001 to 10000 lat lat;
2.27.3. factor 3 – from 10001 to 100000 dollars pounds;
factor 5 — 2.27.4. greater than 100000 lats;
2.28. the document scrapped, extract or copy the preparation and certification of: 1.00 lats.
3. If the sworn bailiff Office activities for which he must remedy under this provision, 2.18, 2.19 2.23 2.24 2.27, 2.28., and section, out at the request of the person, the consideration paid to the applicant for the activity in question.
4. the Executive in matters of recovery or claims to provide 100 lats (including) the provisions referred to in paragraph 2, the consideration applicable to the taxi Office factor 0.75.5. If after the collection agency a written request, subject to the law of civil procedure, the post of operations as a matter of urgency (the post launched or depending on the nature of the activities carried out within 24 hours), the reimbursement of job actions carried out shall apply a factor 3 difference between base rates. and taxi, which applied to the factor of urgency shall be borne by the party.
6. in addition to the provisions laid down in paragraph 2, the consideration and implementation of post activities expenditure necessary for the bailiff receives remuneration as a percentage of posts amounts recovered by 555 of the Civil Procedure Act. in the first subparagraph within a certain period of time, or, if the proposal in accordance with the Civil Procedure Act 555. the first part of the article need not be issued, amounting to: 6.1., 15 percent up to 3000 lats from the actual amounts recovered;
6.2. from 3001 to 10000 lat lat lat-450 plus 10 percent of the actual amounts recovered in excess of 3000 lats;
6.3. from 10001 to 100000 lat lat-1150 dollars plus five percent of actual recoveries exceeding 10000 lat;
6.4. If the recovered amount exceeds LVL 100000-5650 dollars plus three per cent of the actual amounts recovered in excess of 100000 dollars.
7. If the debtor settles its obligations of the code 555. in the first subparagraph, within the time limit set by payment into the bailiff's deposit account all the amount of the debt and the costs of enforcement, the bailiff receives this provision specified in point 6, for the position consideration taxi as a percentage of the amounts recovered by applying a coefficient of 0.3. Debtor's obligations is settled, if debt amount and the costs of enforcement incurred are paid in cash or with a credit institution to the sworn bailiff and a receipt is issued.
8. If the bailiff receives remuneration as a percentage of the amounts recovered, then this amount also includes the remuneration, calculated by applying the provisions laid down in point 2.7. factor of complexity.
9. If, after the importation of the Executive Affairs of the bailiff finds that the debtor has fulfilled his obligations before the execution of the document submission, taxi's execution withheld from the applicant.
10. If the document is issued to a collection agency for enforcement in accordance with the Civil Procedure Law 565. the first paragraph of article 6, paragraph 1 of the enforcement expenses deducted from the applicant's execution.
11. If the bailiff's Office is recognized as illegal, the bailiff shall lose the right to post a reward for this action. If his remuneration already received, it must be repaid.
12. If the person legislation duly recognised as poor, a sworn bailiff has the right to reduce the post rewards taxi by applying a coefficient of 0.5.13. Cabinet sworn bailiff posts about reporting rates of remuneration at least every three years, according to the Central Statistical Administration established consumer price index changes. If the consumer price index fluctuations during the year were higher than five percent, the Latvian Council of sworn bailiffs ' Council may propose to review the sworn bailiff remuneration rates of post.
14. the rules shall enter into force by 1 January 2005.
Prime Minister, Minister of health, Minister of Justice g. Smith, s. Āboltiņ Note: the wording of regulations shall enter into force by 1 January 2005.