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Act (1990:746) On Orders To Pay And Assistance

Original Language Title: Lag (1990:746) om betalningsföreläggande och handräckning

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Scope of application



(1) a claim that any one shall be required to fulfil an obligation

may be dealt with by the enforcement authority under this Act. The claim may refer to

order for payment procedure, regular assistance or special assistance.



section 2 of the application for an order for payment may be made for the imposition of

the respondent to pay a monetary claim due to

payment, if conciliation is permitted in the case.



Anyone who has a debt referred to in the first subparagraph, for the

mortgages on immovable property, ships or ship building or

corporate mortgages granted in writing, in an application for

payment procedure require the payment to be established

to be deleted from the property in which the mortgage or

rem over the case. You can also do that for

the claim has the mortgage on aircraft or spare parts to

aircraft. Law (2008:994).



§ 3 an application for regular assistance may, if conciliation is

allowed in the matter, relate to the imposition of



1. a former owner or usufructuary to move from fixed

property, dwelling or other space in the building when

tenure has ended (eviction),



2. the defendant to perform anything other than payment, if the date of

the performance has begun.



4 section A request for special assistance may relate to the imposition

for the defendant to



1. take corrective action when the applicant's possession is arbitrary or upset

other unlawful action has been taken in respect of real or personal property

or the exercise of its rights of property in any other way

unlawfully prevented,



2. take or tolerate an action when special assistance may be made according to

rule of law.



Special assistance as referred to in the first subparagraph 1 shall not refer to eviction in

cases referred to in paragraph 3 of the 1.



§ 5 If a dispute regarding an obligation under any

special provision should be taken up by an authority other than

District Court, the matter can be examined under this Act only if the

There are provisions that allow such an examination. It is said in

This law if the District Court shall in such cases, apply the second

authority. Law (2009:1307).



section 6 of this Act does not apply if the matter concerns return

According to 6 or 7. the cultural heritage Act (1988:950).

Team (2013:551).



6 (a) repealed by Act (2006:709).



7 repealed by Act (2006:709).



section 8 has been repealed by Act (2006:709).



Application



section 9 of the application shall be made in writing. Government or authority

the Government may, however, provide exemption from the requirement of

writing.



section 10 of the application the applicant shall specify in its request and the basis for it.



section 11 of the application for an order for payment shall be indicated

the claim amount, maturity date and interest rate is requested.



Request the applicant post-maturity interest on the principal claim, need the Foundation of

the interest the claim only if it relates to the higher interest rate than that resulting from the

interest Act (1975:635). It is not apparent from the application from which day

the interest claimed, the claim is considered to apply interest from the date of

application shall be served on the defendant.



section 12 Of the application for an order for payment, relating to

approval for payment from certain property, the applicant shall comply

mortgages or other Act, according to which the security

granted.



section 13 of the application for an order for payment may also include

an application for regular assistance, if the claim is based on

essentially the same result.



section 14 relates to an application for regular assistance eviction at

because of that right has been forfeited, the applicant shall, in addition to what

imposed by section 10 further develop the basis for his claim.



section 15 where the applicant would be a request for assistance will be executed

According to the rules for special assistance, this fact shall be stated

in or otherwise clearly indicated in the application.



To a request for special assistance, the applicant shall submit the

documentary evidence and other documents he cites.



section 16 if the applicant does not want an upcoming ruling in proceedings shall

enforced, or if he has any specific claims in respect of

enforcement, he shall indicate this in the application.



section 17 if the claimant requests compensation for costs incurred in the proceedings;

He shall indicate this in the application and at the same time, please specify which costs

is.



section 18 of the application shall contain the parties in the

extent specified in chapter 33. section 1 of the code of judicial procedure.

Law (2006:709).



§ 19 written application shall be signed by the applicant or his

agents and submitted to the bailiff in the original and a copy. The

documents attached to the application shall be filed in two copies.



section 20 Is the application so flawed that it cannot be added to

basis for the conduct of the proceedings, the applicant shall be required to

remedy the shortage. Any such injunction may be sent to the applicant with

post under his in goal stated address or conveyed in any other

appropriate manner. The applicant does not comply with the order, the application shall

is rejected. The applicant shall be informed of this in the order.



The first subparagraph shall also apply where the Swedish enforcement authority requests

that the applicant shall pay the application fee of advances.



If the applicant does not pay the application fee in advance but

the Swedish Enforcement Administration nevertheless has taken up the application, the

utsökas application fee the applicant immediately.

Law (1996:1026).



section 21 of the application shall also be rejected, if it concerns a measure that does not

covered by this law, or if there are any other obstacles to

the application is taken up.



section 22 of the proceedings the applicant Revokes the application, shall be depreciated.



Unfounded or unjustified claims



23 § if it can be assumed that the applicant's claim in an action for

order for payment or regular official assistance is unfounded

or unjustified, the application shall be treated as if the defendant

deny it.



A claim for compensation for measures referred to in 2, or

section 3 of the Act (1981:739) for reimbursement of debt collection costs, etc.

or for compensation in accordance with paragraph 4 (a) the law should always be adopted

be unsubstantiated or unfounded, in so far as the compensation cannot be

be paid according to the law. Team (2013:58).



section 24 if in proceedings if special assistance is clear

that the applicant's claim is unfounded, the application was immediately rejected.



Order for the defendant to be heard



Article 25 of the Swedish Enforcement Administration Takes up the application, the defendant

be required to give its opinion to the authority within a certain time after the

the application was served on him. Time cannot be determined without specific reasons

For more than two weeks.



section 26 of the defendant shall be informed that proceedings in the notice may be

be settled even if he's not manifested over the application. He shall also

asked if he contests the claim, stating the reasons for

the statement of opposition.



Furthermore, the defendant shall be asked to submit the information as referred to

in chapter 33. 1 § first-third paragraphs judicial procedure in so far as

the information contained in the application are incomplete or incorrect. If the

needed, the defendant be required to provide such information under penalty.



section 27 if the applicant requested compensation for its costs in the proceedings, shall

enforcement authority in the order specify the cost compensation

the defendant may be required to pay, if the rash is notified of the case.



section 28 of the Government or the authority, as the Government Announces

rules about what the injunction will further contain.



Notification of injunction



section 29 of this order shall be served on the defendant in accordance with the

According to the code of judicial procedure applicable to service of summons in

civil litigation. Release notification in accordance with paragraph 48 of Service Act

(2010:1932) may, however, be made only in case of special assistance

and in case if the payment procedure with regard to the adoption

for payment out of the particular property under paragraph 2 of the second paragraph.



A copy of the application documents shall be annexed to the notice

in case of a payment order as referred to in paragraph 2,

in case of special assistance, and in other cases where the documents

contain anything beyond what is apparent from the order.



If the applicant shall ensure that service is effected, apply 32 Cape.

section 2 of the code of judicial procedure. Law (2010:1957).



section 30 Has the service could not be enforcement authority

examine whether attempts to service will continue or if the applicant

shall be offered to provide the service. In doing so, account shall

be taken of the work and the cost so far has been spent on

the service, the prospects of the ongoing attempt to succeed

and the facts are otherwise. The offer may be sent by post to the

in case the applicant declared during his address or conveyed in any other

way. Assuming the applicant does not offer, should the application be rejected.

Law (1996:1026).



Statement of opposition to the application



section 31 Of the defendant to contest the application, he shall make it

in writing.



paragraph 32 relating to special assistance to the respondent to

opposition to joint the documentary evidence and other documents he

invoking. If the defendant requests the reimbursement of their expenses, he shall

enter this in the statement of opposition and at the same time, state what the costs are.



Delivery of objectives for payment or regular

official assistance to District Court



section 33 if the defendant in proceedings for an order for payment or

regular enforcement disputing the claim at the right time, shall

the applicant shall be informed immediately in about it. If applicant wishes to maintain

his claim, he may request that the proceedings or, if the statement of opposition

relates only to a part of the claim, the aim of the disputed part

shall be submitted to the District Court.




The notification referred to in the first subparagraph shall contain information

If what is being said there, as well as in 34, 35 and 37 sections.



An objection of the arbitration shall be treated as a

statement of opposition. Law (1999:126).



section 34 Would seek to target, to be submitted to the District Court, shall

he request this in writing. His request shall be submitted to the

enforcement authority within four weeks from the date of the notification

was sent to him. Law (1996:1026).



section 35 in its request for surrender, the applicant shall specify the circumstances

and the evidence that he would invoke in proceedings before the District Court. He shall

at the same time submit the documentary evidence and other documents he

invoking.



section 36 if the applicant has requested delivery at the right time, shall

enforcement authority transfer the case to a District Court which, under the provisions of

the documents, is competent to deal with the case.



section 37 if the applicant fails to timely have requested that the case be forwarded

to the District Court, shall aim, or that part of the case that the defendant has

dispute, written off.



The further prosecution of the case if special assistance



38 § if necessary, the applicant shall have an opportunity to be heard

over what the defendant is argues in opposition. Requesting applicant

compensation for costs incurred after the application, the

He set this in such an opinion.



The Swedish Enforcement Administration may not order additional

correspondence in the case.



An objection about arbitration agreement does not preclude the application

be examined. Law (1999:126).



section 39 the applicant shall prove the facts on which he relies in support

for its application. His presentation of the facts, however, should

basis for the trial, in so far as the representation has been provided

without objection by the defendant, and it is not clear that it is

inaccurate.



40 of a story that someone has submitted in writing following the

assistance objective may be invoked as evidence in proceedings.



section 41 If an application was not awarded to any part, shall

enforcement authority to reject the application.



Rash



42 § Have in case of a payment order or regular

Executive assistance lack of statement of opposition,

the Swedish enforcement authority shall promptly inform the rash in accordance with

the application. If the defendant contests the only part of the

application, the rash will be notified in accordance with the undisputed

part of the application.



In the cases referred to in section 2, second paragraph, of the ruling shall be determined

that the claim should be deleted with a right in the encumbered or

mortgaged property to the extent applicable by law.

Law (2008:994).



section 43 in case if special assistance shall

enforcement authority announce the verdict in accordance with the application in the

so far as this is legally justified and the circumstances provided for in § 39

shall form the basis for the examination constitutes grounds for granting

operation.



44 section notification of award shall immediately be sent to the parties. If

award shall be enforced without a specific request from the applicant, shall

the notification shall also contain information on this.



section 45 Of Chapter 2. section 1 of the enforcement code follows that enforcement authority

voluntarily effect the verdict, unless the applicant has indicated that

enforcement should not be done.



Costs of proceedings



§ 46 if the rash, the enforcement authority in ruling, impose

the respondent to pay the applicant's costs in the case, unless the applicant has

initiated the procedure unnecessarily.



47 section if an application for special assistance does not lead to

any rash, the Swedish enforcement authority can require the applicant to pay

the defendant's costs in the case, if there are reasons for it.



48 § compensation to the applicant for the costs of the case

order for payment or assistance in

The Swedish Enforcement Administration may refer to the applicant's own work with

reason of proceedings and fees to agents or counsel.

The remuneration shall be determined to the reasonable amount and may only

If there are special reasons determined to higher amounts than

380 kroons in the case of a payment order and 420 kroons in

matters of official assistance.



Compensation to the defendant for costs in case of special

assistance with enforcement authority may refer to the defendant's

own work, by reason of the proceedings, and fees to agents

or counsel. The remuneration shall be determined to the reasonable amount

and only if there are special reasons be determined to

more than 420 kroner.



In the case referred to in the first subparagraph may also cover compensation

filing and handling fees as well as the registration certificate,

If such proof was necessary. The applicant has the right to

equitable remuneration for service costs for translation

of pleadings or other documents, as well as for the copies, in the

extent to which the number of ones is more than twenty-five.

Team (2013:1062).



49 § enforcement authority routinely tests the size of parties '

claims for reimbursement under sections 46 and 47.



50 § any other expenses than that provided by §§ 46-48 may

not be the target of enforcement authority.



section 51 is rejected or dismissed an application for an order for payment

or ordinary assistance of enforcement authority, is

the applicant is liable to pay reasonable compensation for the defendant's costs in

the goal, where there are serious grounds for such A claim for it.

compensation shall not, however, be made in the case of enforcement authority.



Recycling



section 52 Is the defendant unhappy with a ruling in a case concerning

order for payment or regular assistance,

He may apply for recycling.



53 § Recycling shall be sought in writing. The application shall be submitted

to the enforcement authority within one month from the date of the ruling.



54 § has recycling been sought at the right time, the enforcement authority

transfer the case to the jurisdiction of a District Court which, according to

what the documents, is competent to deal with the case. Otherwise,

the Swedish enforcement authority shall reject the application.



Appeal



55 § anyone who is dissatisfied with a ruling in a case concerning special

Executive assistance, may appeal against the ruling of the District Court within three

weeks from the date of the ruling. The same applies if the applicant in

proceedings for an order for payment or regular official assistance is

dissatisfied with a ruling. Law (1993:520).



section 56 a decision, by which a case has been decided otherwise

than through rash, may be appealed to the District Court within three weeks

from the date of the decision.



Decision to hand over the case to the District Court and the decision

According to § 37, however, may not be appealed. Law (1993:520).



57 § Enforcement Authority under the conduct of a

the target may not be appealed. Decision referred to in paragraph 63,

However subject to appeal especially in District Court within three weeks from the

the date of the decision. Law (1993:520).



58 section at the appeal of bailiffs rash and

decisions by the Court and applied in chapter 18. 1

and 8-11 § § enforcement code. Act (2005:700).



Other provisions



section 59 is rejected the application, the bailiff shall inform

the applicant accordingly. Notify the authority of any other decision

that goal is determined, or of a decision under section 63, to both parties

be informed of the decision, unless it is clearly unnecessary.



60 § in the case submitted to the District Court under section 36 or

After the application for recovery, are considered seized when the application for

order for payment or assistance came in to

enforcement authority. The pleadings of the applicant shall be deemed to

that lawsuit. Atmosphere of the case shall be deemed to be issued when the right

initiates proceedings. Has enforcement authority announced

rash, this shall be deemed to be in default.



60 a § Has enforcement authority forwarded a case to the

District Court under section 36 or 54, section 24 of the Act of service

(2010:1932) not disclosed to defendant District Court documents in

the goal by simplified notification in the event of the latter during the processing

of the enforcement authority has been advised of the possibility of such

the service may be used in proceedings in the District Court.

Law (2010:1957).



61 section Of a District Court, which gets a goal from

Enforcement authority or another district court, finds that the

not according to the case-file that the District Court has jurisdiction to

the case, the Court shall transfer the case to another

District Court can have jurisdiction. The decision of the District Court of

surrender may not be appealed. Law (2006:709).



61 a of If a case has been forwarded to a District Court with support

of section 36 or 54, as set out in chapter 42. 3 and 4 sections

the code of judicial procedure on filing fee apply to prescribed

surcharge.



If a target where the Swedish enforcement authority has announced a rash

rejected by the District Court on the basis that the additional fee is not

has been paid, to the District Court at the same time eliminate

Enforcement authority's ruling. Law (2014:251).



62 section if the applicant wants to secure the attachment or any other

safety precaution before a ruling can be enforced, he may make

request for it at the District Court in accordance with the provisions of chapter 15.

the code of judicial procedure.



63 section in case of special assistance, the requested measure

be granted immediately, if the applicant calls it, and makes the most likely thing

do not tolerate delay. Enforcement authority to review such a decision

as soon as possible.



64 § since the time of recycling expired gets a rash on

order for payment or regular official assistance

rättskraf t in accordance with a final

the civil judgment.



65 § a ruling in a case concerning special assistance prevents


not that a party brings an action in respect of the underlying

the legal relationship in the order is prescribed for civil litigation in the

General.



66 section in so far as special measures are not given in this Act,

applies mutatis mutandis what is prescribed if the enforcement goal in 1

Cape. 3--5 sections and Chapter 2. 6-9, 18 and 20 § § enforcement code.



Transitional provisions



1990:746



1. this law shall enter into force on the day the Government determines.



2. by law repeals Act (1946:808) if prosecution and

payment procedure and assistance Act (1981:847). Older

rules still apply in respect of proceedings relating to prosecution,

payment procedure and assistance received by the District Court

before the entry into force.



3. If a mortgage deed relating to immovable property, a ship or

business activity upon entry into force constitutes the security for the claim,

application for payment out of such property shall be made in accordance with paragraph 2(2), even

If the charge is not made in writing.



1993:520



1. the provisions of section 20 shall enter into force on 1 July 1993. If the application

have been made before the entry into force, however, older regulations.



2. the provisions of §§ 55-58 comes into force on 1 January 1994. In

question about the decision made by the bailiff before

entry into force applies to older regulations.



2003:542



1. this law shall enter into force on 1 January 2004.



2. in the case of chattel due to a mortgage that has

granted prior to the entry into force provisions apply earlier

until 1 January 2005.



2005:700



This law shall enter into force on the day the Government determines. Older

rules concerning requirements on certiorari by the

appeal against a decision given before the date of entry into force.



2010:1957



1. this law shall enter into force on 1 april 2011.



2. Older provisions apply where a decision on notification in accordance with

15-17 sections of Service Act (1970:428) has been taken before 1

April 2011 or if the document has been sent or submitted before

This time.



2013:1062



1. This law shall enter into force on January 1, 2014.



2. Older rules still apply in case that have come

to the enforcement authority before the date of entry into force.