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Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the 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., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148. no; 2012, 50, 63, 100, 190, 197. no; 13, 87, 112, 188. nr.; in 2014, 2, 41, 63., 108, 194.228. no; 2015, 42, 91, 118, 227, 251. no; 2016, 31, 123, 241. No.) the following amendments: 1. Supplement article 34 the first part with 7.1 points as follows: "the European application 71) account seizure order in accordance with European Parliament and Council of 15 may 2014. Regulation No. 655/2014, creating a European procedure for the seizure of accounts, to facilitate cross-border debt recovery in civil and commercial matters (hereinafter referred to as a regulation of the European Parliament and of the Council no 655/2014)-0.5 percent of the value of the claim but no less than € 71.14; ". 2. Turn off the article 43, second paragraph, the words "and individuals". 3. Supplement article 207 after the number and the word "138." with the words in the article and the number "or" 77.3.
4. Make 238 first paragraph of article 3 by the following: "3) maintenance for a child, including for maintenance for the cabinet within the minimum;". 5. Express 250.19 the second subparagraph by the following: "(2) in the case of small claims judge proposes on the basis of a written application, if the principal debt or claim for maintenance — — the total amount of payments at the date of the claim does not exceed 2100 euro. The Court proposes the use of maintenance for the child the minimum set by the Cabinet of Ministers to the extent, if there is a maintenance Guarantee Fund Act those barriers that prevent the person receiving maintenance to the minimum set by the Cabinet of Ministers to the extent of the maintenance guarantee fund. The total amount of payment claims for the recovery of maintenance attributable to each child individually. " 6. To express the text of article 341.1 as follows: "legal protection of the process of court appearance after the debtor's registered office, which the debtor was registered in the three months prior to the filing of the Court."
7. Add to the first paragraph of article 341.2 with paragraph 4 by the following: "4) the debtor's registered office, which the debtor was registered in the three months prior to the filing of the Court."
8. Express 363.1 the first paragraph by the following: "(1) the legal entity insolvency proceedings according to the debtor's or creditor's application to the Court of the domicile of the debtor, the debtor was registered in the three months prior to the filing of the Court."
9. Supplement article 363.2 of the first part of paragraph 4 by the following: "4) the debtor's registered office, which the debtor was registered in the three months prior to the filing of the Court."
10. Add to 363.3 the second subparagraph to paragraph 6 by the following: ' 6) the debtor's registered office, which the debtor was registered in the three months prior to the filing of the Court. "
11. Express 363.5 the second paragraph of article 1 in the following wording: "1) the debtor's company name, registration number and registered office, that the debtor was registered in the three months prior to the filing of the Court, and the legal address at the date of the application;".
12. Express 363.22 the first paragraph as follows: "(1) natural persons in the case of insolvency proceedings under the debtor's application to the Court by the debtor's declared place of residence that the debtor was registered in the three months prior to the filing of the Court, but, failing that, by place of residence."
13. To complement the 363.23 with the first paragraph of article 7 of the following paragraph: "7) the debtor's place of residence declared that the debtor was registered in the three months prior to the filing of the Court but, in the absence thereof, — residence."

14. To supplement the article with 19.540 paragraph by the following: "Court, including 19) the foreign court, issued the European enforcement order accounts (A) in accordance with European Parliament and Council Regulation No 655/2014 article 19 paragraph 1 of the" a "section." 15. Supplement article 549 with 2.3 part as follows: "(23) if the debtor's residence (legal persons – legal address), the location of the assets or business is not in Latvia, the bailiff must be adopted for the enforcement of this Act, paragraph 19 of article 540 of the specified execution, regardless of the place of residence of the debtor (legal persons – legal address), or the location of jobs." 16.563. Article: Add to the first paragraph with the following paragraph 13: "13) Court or Court of a foreign reference European account issued a seizure order or refuse its enforcement in accordance with European Parliament and Council Regulation No. 655/2014."; to supplement the article with the seventh subparagraph by the following: "(7) where the Court of Justice, the foreign court or competent authority of the European account seizure order, based on a European Parliament and Council Regulation No. 655/2014, the ruling execution cancelled part of terminated and execution remain according to the amended European account seizure order." 17. Make 568 article sixth as follows: "(6) the expenses related to the Court's decision, the interim safeguard measure or European account seizure order shall be borne by the plaintiff." 18. in article: 572.1 express the first part as follows: "(1) If a party has made a corresponding request, the request to apply all of this Law Article 557 1, 2 and 3 above the means of enforcement, and if the debtor notice of obligation to execute the ruling of the Court within the time limit set in the bailiff's deposit account is not the absence of the amount specified in the notification, the bailiff of the Maintenance guarantee fund administration declared that the ruling on the maintenance or the notarial deed that includes the agreement for periodic maintenance payments and enforceable court judgement execution are not fulfilled. "; replace the second paragraph, the words and figures "law of article 5 paragraph 1 of the second paragraph of" with the word "law"; make the third paragraph as follows: "(3) maintenance guarantee fund administration executory order for the unduly paid amount of the recovery of maintenance from the back party do not issue. If the bailiff at the request of the party has provided the maintenance guarantee fund administration in the first paragraph, specific messages, the document issued to the Executive party only after the maintenance guarantee fund administration received proof of claim. " 19. Supplement article 596 paragraph after the words "to the Court's ruling" by the words "or the maintenance guarantee fund" of the administration. 20. To supplement the article with 622 fourth subparagraph by the following: "(4) If the records bailiffs the enforcement of several things that brought about this law 623 article claims referred to in the first subparagraph, and among them is the case of the Executive, in which the maintenance guarantee fund administration became part of the collection agency instead of the maintenance from the debtor, which paid out of the maintenance guarantee fund and to the recovery of the amount is not enough to completely satisfy all claims, the amount recovered be distributed pro rata to the Executive Affairs calculated the amount of the debt or the total of the debt, if there are several collection agency. " 21. Make 623. the first paragraph of article 6 (1) of the following: "1) claims for recovery of maintenance for the child or the parent or the maintenance guarantee fund administration claims about the maintenance enforcement;". 22. Supplement 643. the first part of the article after the number and the word "138." with the words in the article and the number "or" 77.3.
23. Replace 644. in the third subparagraph, the words and figures "and European Parliament and Council Regulation No 1215/2012" with the words and figures "European Parliament and Council Regulation No 1215/2012 and European Parliament and Council Regulation No. 655/2014". 24. To supplement the law with the following section 77.3:77.3 Division. " Things about the seizure of the European account order 644.23 article. Things about the seizure of the European account order jurisdiction (1) the application for a European order for the attachment of accounts shall be submitted to the Court in which the case was brought to court in the proceedings or that the proceedings are in the nature of things. (2) If a regulation of the European Parliament and the Council No. 655/2014 6. in paragraph 2 of article in this case is essentially the jurisdiction of a foreign court, an application for a European order for the attachment of accounts shall be submitted to the district (municipal) Court at the defendant's declared place of residence or domicile. (3) European Parliament and Council Regulation No 655/2014 6. paragraph 4, in the case referred to in the application on the applicant's account seizure order can be submitted in any of their choice in district (municipal) courts, regional courts within its area, to which there is a sworn notary, which delivered a corresponding notarial act. 644.24 article. Applications for a European account seizure order (1) in addition to the European Parliament and Council Regulation No 655/2014 the application referred to in article 8 shall be accompanied by a document certifying payment of the State fee in accordance with the procedure laid down in the law and. (2) an application shall be signed by the applicant or his representative. If the application is signed by the representative, the application was to be added to the power of attorney or other document certifying the authorisation of the representative referring the application to the Court. (3) an unsigned application is deemed not to have been filed and shall be returned to the applicant. 644.25 article. The particulars of the defendant's money (accounts) (1) If a credit institution the applicant in accordance with European Parliament and Council Regulation No 655/2014 article 14, paragraph 1 and 2 of the Court to get news about the defendant's money (accounts) a credit institution, the applicant in addition to 644.24 this law referred to in the first paragraph of the document attesting to obtaining payment of related expenses. (2) If the applicant's request to obtain details of the defendant's money (accounts) credit institution complies with European Parliament and Council Regulation No 655/2014 article 14, paragraph 3 of the above requirements, the Court satisfied the request of the applicant. (3) for the first paragraph of this article, the Court in electronic mail, signed with a secure electronic signature, send the credit request to provide details of the defendant's money (accounts) credit institution.

(4) a credit institution shall promptly, but not later than the third day of the Court's receipt of the request in electronic mail that is signed with a secure electronic signature, send the details of the Court the defendant's money (accounts) the credit institution concerned. (5) referred to in the third subparagraph of the request to provide details of the defendant's money (accounts) credit institution in a foreign country the Court of foreign state information to the authority of a regulation of the European Parliament and of the Council no 655/2014 article 29. (6) if the Court considers that the applicant's request to obtain details of the defendant's money (accounts) a credit institution is not justified, it shall reject the request. On the Court or a judge's decision an ancillary complaint may be submitted to the European Parliament and Council Regulation No 655/2014 article 21, paragraph 2 within the time limit. (7) If a foreign court in which the application for a European account seizure order, in accordance with European Parliament and Council Regulation No 655/2014 article 14 paragraph 3 requests to get news about the defendant's money (accounts) a credit institution, the Court gets this message in the first, third and fourth in the order, as well as in accordance with European Parliament and Council Regulation No 655/2014 article 14, paragraph 6 shall forward them to the relevant foreign court. 644.26 article. The non-acceptance of the basis of the application (1) the Court shall refuse to accept an application for a European account seizure order, if the application does not have a power of attorney or other document certifying the authorisation of the representative referring the application to the Court. (2) a waiver to take the application to the Court shall adopt a reasoned decision. The decision to issue the possible applications with the applicant. The decision is not appealable. (3) the judge's refusal to accept the application of the first paragraph of this article, the cases do not preclude the application of the same court, when will prevent the defects permitted. 644.27 article. Without leaving the application guidance (1) If the applicant has not provided all of the European Parliament and Council Regulation No 655/2014 article 8 is not required under news or added documents proving government fees or by obtaining the payment of expenditure, or if the powers attached to the application or other document does not follow the mandate of the representative to turn with this application for judicial review, the Court is left without guidance and application of this law provided for in article 133. (2) If the applicant within the period does not prevent and is returned to the plaintiff, the Court shall at the same time decide on damages paid to ensure payment of bailiff's account, if the applicant has provided this law, article 644.28 of the loss referred to in the first subparagraph. The decision is enforceable immediately. 644.28 article. The possible loss of the defendant (1) loss of security by the applicant in European Parliament and Council Regulation No 655/2014 in the case referred to in article 12 shall provide, to ensure that the defendant damages might occur due to the European account seizure order, made by the Court or the judge lodged a specified amount into the bailiff's deposit account. The bailiff in the application the applicant submits, in accordance with any decision of the Court of the defendant's alleged loss provision this amount is paid as a bailiff in the copy of the decision. (2) the Court of Justice decision on damages provision adopted immediately after this law referred to in article 644.24 application, but not later than at the European Parliament and Council Regulation No 655/2014 article 18, paragraph 4 of the deadline. The decision is not appealable. The Court's decision on damages provision may be adopted simultaneously with this law, the decision referred to in article 644.27. (3) the decision on the European enforcement order the account Court after you have received notice of the bailiff's loss for the amount of the transfer, the bailiff's deposit account, with the exception of the European Parliament and Council Regulation No 655/2014 article 12 paragraph 1, second subparagraph, and paragraph 2 in certain cases. If this article is referred to in the second paragraph the decision taken together with article 644.27 of this law, the decision referred to in the decision on the European enforcement order account shall be admissible only if the applicant has prevented removal of deficiencies. (4) the European Parliament and Council Regulation No 655/2014 article 14, paragraph 7, case, the Court shall immediately decide on damages paid to ensure payment of bailiff's deposit account. The decision is enforceable immediately. 644.29 article. With the European account seizure order compensation for damage caused (1) in addition to the European Parliament and Council Regulation No 655/2014 article 13, paragraph 2 of the cases referred to, the defendant is entitled to seek damages, which due to the European account seizure order, even if the defendant brought the claim is rejected or no action or proceedings in the case ended this law, article 223 and 4 cases in point. (2) a court judgment or decision that demands no action or thing ended, at the request of the defendant at the same time decide the question of damages for the amount paid on the cost of the bailiff's deposit account to the defendant. If a request and proof of actual damage is not filed in the Court of Justice, ensure the damages be repaid to the claimant. (3) Reject the claim or part meets courts the question of collateral damage all or part of the cost of the defendant decides the defendant's request. If a request and proof of actual damage is not filed in the Court of Justice, ensure the damages be repaid to the claimant. If the claim brought in another country, the defendant submitted additional evidence that the claim is rejected or partially satisfied. (4) the defendant is entitled to make claims for compensation for damage not recovered under the first paragraph of this article. 644.30 article. Decision on European account seizure order

(1) the Court of Justice of the European account seizure order or decision or partially rejected an application for a European account seizure order, adopted by the European Parliament and Council Regulation No 655/2014 17. in accordance with the procedure laid down in article writing process, without notifying the defendant and other participants in the. (2) the court orders the seizure of account statement in accordance with European Parliament and Council Regulation No 655/2014 article 19. At the request of the plaintiff, the Court shall take this part of the order referred to in transliteration or translation, based on a European Parliament and Council Regulation No 655/2014 article 23 paragraph 4. (3) the Court or the judge's decision totally or partially rejected an application for a European account seizure order may be appealed against in accordance with the procedure laid down in this law, and European Parliament and Council Regulation No 655/2014 21 in accordance with the procedure laid down in article and term. 644.31 article. European account seizure order cancellation, if not claimed, if the applicant is (1) an application for a European account seizure order submitted before lifting and European Parliament and Council Regulation No 655/2014 article 10 paragraph 1 within the time limit set in the action is not brought, the Court or the judge, through the European Parliament and Council Regulation No 655/2014 article 10 paragraph 2 of the said form, on its own initiative, take a decision on the European enforcement order the account cancellation. The decision is enforceable immediately. (2) following the adoption of the decision of the Court shall immediately forward it to the bailiff, which records the execution in the case, or if the decision enforceable abroad, the European Parliament and Council Regulation No 655/2014, in accordance with the procedure laid down in article 29, the competent authority of the foreign State. 644.32 article. The decision on the seizure of accounts order execution (1) the decision on the European enforcement order enforceable account immediately after its adoption. (2) the bailiff initiated enforcement actions by a collection agency, a European account seizure order A part and not a completed standard form notice in accordance with European Parliament and Council Regulation No 655/2014 article 25. (3) a bailiff to a European order for the attachment of accounts (A), the credit institution given the order to seize the defendant's money seizure order European account (A) the amount specified in annex 1 of this law, in paragraph 3, the limit for the defendant and European Parliament and Council Regulation No 655/2014 article 24, paragraph 7 establishes the defendant's account of the seizure order, and transfer them into the bailiff's deposit account.
(4) After receipt of the notice of the credit institutions referred to in the third subparagraph in order execution results, the bailiff of a regulation of the European Parliament and of the Council no 655/2014 article 25, paragraph 2, or, where appropriate, the second subparagraph of paragraph 3 of the order sent to the Court and the plaintiff notice of the credit institution's existing cash seizure of the defendant. (5) request for excessive cash seized release of the applicant submitted to the bailiff of a regulation of the European Parliament and of the Council no 655/2014 article 27, paragraph 2. (6) the bailiff on the basis that this article is referred to in the fifth subparagraph, the applicant's request, reimburse the unduly apķīlāto funds, transferred to the defendant's account from which the funds were received. Article 644.33. European account seizure order issued to the defendant (1) the European order for the attachment of the account and the rest of the European Parliament and Council Regulation No 655/2014 article referred to in paragraph 1 shall be issued to the defendant the court documents or the fourth paragraph of this article, in that case, the court bailiff. (2) the Court which issued the European enforcement order account: 1) after the receipt of the notification of the seizure of the funds, the European Parliament and Council Regulation No 655/2014 deadlines laid down in article 28 of the document referred to in the first subparagraph shall be issued to the defendant: a) in accordance with the procedure laid down in this Act by registered post, if the defendant's place of residence or location is in Latvia, b) forwarding the documents to the competent authority of the foreign State in which the defendant has his domicile or location If the defendant's place of residence or location is in another Member State of the European Union, c) of the Act or section 82.83. in the order, if the defendant's place of residence or location is not in one of the Member States of the European Union; 2 at the request of the plaintiff) European Parliament and Council Regulation No 655/2014 article 28 paragraph 3, second subparagraph, in the case referred to in article 28 of this Regulation referred to in paragraph 5 shall immediately forward the documents of execution the foreign competent authority. (3) if the garnishee order of accounts issued by a foreign court and the defendant declared place of residence, residence, location or registered office is in Latvia, in the first paragraph the documents mentioned by the foreign court or at the request of the parties to the Court which issued the operational territory the defendant declared place of residence, residence, location or address. On the service of documents, the Court shall inform the foreign court or the parties, depending on who submitted the request referred to in this paragraph. (4) the bailiff, which records the execution in the case brought by the European account seizure order issued by a foreign court, the European Parliament and Council Regulation No 655/2014 article 28 paragraph 3, second subparagraph, in the case of a written request by a collection agency shall send the defendant declared place of residence, residence, location or registered office is in Latvia, registered mail the document referred to in the first subparagraph. For the transmission of documents, the bailiff shall inform the party. It is considered that the defendant in the first paragraph, the following documents were issued on the seventh day from the date of dispatch. (5) a court or bailiff depending on which in accordance with the provisions of this article have been responsible for the service of documents in the applicant's written request to the European Parliament and Council Regulation No 655/2014 article 33 paragraph 3, in the third paragraph, the procedure laid down in this article, the defendant sent the document referred to in the first subparagraph. 644.34 article. European account seizure order cancellation, modification, or reject the order modification

(1) the Court which issued the European enforcement order, accounts or court records located in the examination of the substance of the case, may revoke or amend the European account seizure order: 1) after the defendant's application in accordance with European Parliament and Council Regulation No 655/2014 article 33; 2 the defendant or the plaintiff) applications in accordance with European Parliament and Council Regulation No 655/2014 article 35 (1) of the regulation; 3 the defendant or plaintiff) a joint application in accordance with European Parliament and Council Regulation No 655/2014 article 35 paragraph 3. (2) the Court which issued the European enforcement order, accounts or court records located in the examination of the substance of the case, may refuse the seizure order European account or modify its execution procedures: 1) after the defendant's application in accordance with European Parliament and Council Regulation No 655/2014 article 34, paragraph 1, "a" and "b") (the "i" and "ii". 2) application by the claimant in accordance with European Parliament and Council Regulation No 655/2014 article 35 (4). (3) received the first part of this article referred to in paragraph 1, the application of the defendant, the Court may decide, in accordance with article 644.28 of this law, the plaintiff of the obligation.
(4) in the first and second part of an application submitted through a European Parliament and Council Regulation No 655/2014 form referred to in article 36, the writing process, notice to the parties. Simultaneously with the notice, the Court shall send to the parties of the application and shall set a time period for the submission of the explanation, with the exception of an application, the respondent submitted that, in accordance with the Council Regulation No. 655/2014 article 34, paragraph 1, "a" section or paragraph 3 of article 35. (5) if the application is made in accordance with European Parliament and Council Regulation No 655/2014 article 33 paragraph 1 point "b" and "c" section, the Court shall notify the parties, determining applicant deadline referred to in those subparagraphs for the deficiencies of this regulation article 33 paragraph 3 and 4. (6) If the applicant does not correct that this article is referred to in the fifth subparagraph, the application shall be considered in the fourth paragraph of this article. If the plaintiff in the fifth subparagraph of this article, these deficiencies are eliminated, the Court shall reject the application. (7) the Court of Justice in the first and second subparagraph of decision adopted by the European Parliament and Council Regulation No 655/2014 article 36 (4), and within the time limit referred to in this decision is enforceable immediately. (8) The decision of the Court of Justice an ancillary complaint may be submitted via the European Parliament and Council Regulation No 655/2014 form referred to in article 37. (9) if the garnishee order of accounts in a foreign country, the court enforced the first, second and third part of the said decision shall be transmitted to the competent authority of a foreign European Parliament and Council Regulation No 655/2014 article 36, point 5, second paragraph. 644.35 article. Foreign court issued a garnishee order European account of rejecting or order amendment (1) the district (City) Court in whose area the European account of the executable attachment order is entitled: 1) after the defendant's application of a regulation of the European Parliament and of the Council no 655/2014 34 cases laid down in article or on the plaintiff and the defendant's application for a joint European Parliament and Council Regulation No 655/2014 article 35 paragraph 3 a specific case to refuse the European account seizure order or amend the order; 2 the application of the plaintiff) European Parliament and Council Regulation No 655/2014 article 35 (4) in the case specified in the amended order. (2) the first paragraph of this article shall apply to the examination of the application of this law, the procedure laid down in article 644.34. (3) the Court of Justice referred to in the first paragraph of the decision adopted by the European Parliament and Council Regulation No 655/2014 article 36 (4), and within the time limit referred to in this decision is enforceable immediately. (4) The decision of the Court of Justice an ancillary complaint may be submitted via the European Parliament and Council Regulation No 655/2014 form referred to in article 37. Article 644.36. The European order for the attachment of the replacement account (1) the Court which issued the European enforcement order, the account by the respondent on the basis of the application of a regulation of the European Parliament and of the Council no 655/2014 article 38, paragraph 1, "a" section, you can replace the European account seizure order with article 138 of this law laid down in the annex.

(2) the Court shall, in the territory of which enforcement of foreign court issued the European enforcement order, the account by the respondent on the basis of the application of a regulation of the European Parliament and of the Council no 655/2014. paragraph 1 of article 38 of the "b" section, you can replace the European account seizure order with article 138 of this law laid down in the annex. (3) in the first and second part of the application process, the appearance of written notice to the parties. Simultaneously with the notice, the Court shall send to the parties of the application and shall set a time period for the submission of the explanation. (4) The decision of the Court of Justice an ancillary complaint may be submitted. (5) the decision on the European enforcement order replacement account of enforced by a bailiff, who records on thing about the European account seizure order, first delivering a requirement with the replacement requirements security feature and then removing money liens made under the European orders for the seizure of accounts. Amount paid to the bailiff's deposit account in accordance with the European account seizure order, the bailiff shall repay only on the basis of a court ruling. " 25. the transitional provisions be supplemented with 121, 122, 123.. and 124 point as follows: "121. Amendments to this law, 34, 207, 540, 549, 563, 568, 643 and 644. in connection with article European account seizure order and 77.3 chapter shall enter into force on 18 January 2017. 122. The amendments to this law, in article 250.19 initiation on the maintenance of minimum set by the Cabinet of Ministers to the extent amendment 596 paragraph 5 of article about not going to the recovery of child maintenance for a minimum set by the Cabinet of Ministers to the extent that, on the basis of the maintenance guarantee fund administration decision, pay one of the parents, as well as Amendment 623 article 1 of the first paragraph of the first round of recovery claims shall enter into force on April 1, 2017. 123. Amendment of this law article 572.1 first and third part on recovery of maintenance guarantee fund administration shall enter into force on the 1 January 2017 February and refers to things that the Executive introduced by 2017 February 1. 124. the requirements for the maintenance of the child's diet, the minimum set by the Cabinet of Ministers to the extent that brought to court until 2017 April 1, the law of civil procedure, which was in force until 2017 April 1. " The Parliament adopted the law of 8 December 2016. The President r. vējonis 2016 in Riga on December 21