Chapter 1. Introductory provisions
Scope of application
section 1 of this beam is applicable in the case of enforcement of a judgment or
other enforceable instrument, including payment obligations, or
other obligation, and, in the case of enforcement of a decision on
attachment or other similar security measure.
Enforcement relating to the obligation to pay is through garnishment.
Enforcement relating to other obligation or security measure
is done in the order specified in Chapter 16. Law (1995:298).
section 2 Has in other law granted provision that deviates from this beam,
terms of that provision.
The Executive authority
3 § Enforcement rests with the bailiff.
Targets of enforcement (enforcement) are handled by the bailiff or
another officer of the enforcement authority (bailiff).
Law (2006:672).
paragraph 4 of the same bias against the bailiff as in Chapter 4. the code of judicial procedure
provided for in the case of judges. Conflicts of interest may not be based on action
He has taken in the service or on the deed that has
It took place against him or for his service.
5 § Know bailiff to the circumstance that can be adopted to constitute conflict of interest
against him, he will voluntarily give it to feel.
Have a question about conflict of interest against the bailiff raised and has not entered into other
his place, the Swedish enforcement authority shall decide as rapidly as possible in the bias issue.
The examiner must examine the question of disqualification only if the other official
cannot take his place without an inconvenient delay.
Bailiff who is disqualified may notwithstanding thereof to take action that is not
can be deferred without the inconvenience.
Some regulations regarding objectives and parties etc.
section 6 of the Enforcement cases are dealt with as a single goal or objective.
General goals are goals of the levying of fines, penalty, tax, duty, fee,
and other funds that the State has a right to and receiving utsökas without
previous judgment as well, according to what the Government closer to prescribe,
other similar claims which the State or a municipality is entitled to. In
other teams can provide that even objective about the levying of any
other claims are general goals.
Other destination than referred to in the second subparagraph are individual goals. Team
(1993:893).
section 7 of The requesting enforcement of the bailiff called
applicants. In the General case is considered to be the State or municipality as an applicant.
Applicant's counterpart of the enforcement authority are referred to as defendant, or, in
cases involving claims against him, the debtor. When certain assets are responsible for
the claim, what is being said about the debtor apply mutatis mutandis
owner, although he is not personally liable.
The who are not applicants or respondents called third parties. Third parties in
What a debtor himself has the claim called the secondary debtor.
Application of provisions concerning vessels, aircraft or fixed
property
section 8 of this beam of registered ship, registered
aircraft or encumbered aircraft spare parts comes, if not
subject to what is legally required, even property except
the realm is entered in the corresponding register tonnage of ship register part
or aircraft register or, in the case of spare parts, property that is
the committed but the Kingdom.
The provisions of Chapter 4. the second subparagraph of paragraph 7 and section 30 of the second paragraph, however, is
not applicable to property referred to in the first subparagraph. Law (2001:377).
section 9 With vessels assimilated ships under construction. In the case of ship building
shall be as stated on the register tonnage of ships part instead
refer to the ship registry's shipbuilding part. Law (2001:377).
§ 10 What about registered ship, registered aircraft or
encumbered spare parts of aircraft apply mutatis mutandis
percentage of and conditional rights to such property, unless otherwise provided.
section 11 with immovable property means property, specific area of real estate,
collective land and share in and conditional rights to such property.
What is said about immovable property apply mutatis mutandis leasehold.
section 12 of What is being said about the lien in the property applies mutatis mutandis
also stay the evidence.
Chapter 2. The procedure of enforcement authority
Application, etc.
section 1 of the application for enforcement is made orally or in writing.
The Government or the authority that the Government may, however, permit
that the application is made on medium for automatic data processing.
Written application must be signed by the applicant or his representative.
Verdict in case of order for payment or assistance are implemented
voluntarily by the bailiff, unless the applicant in these proceedings has entered
that enforcement is to take place. The application for enforcement is considered made
When the verdict was announced. Lag (1991:849).
section 2 the applicant must indicate the action that he seeks.
In the case of an application shall be submitted to the enforcement order on the basis of which
enforcement is sought. Claim founded on promissory notes or
other document, whose production constitutes the condition for the right to claim
payment or call for the fulfilment of other obligations, the
the document is submitted.
The enforcement order shall be filed in the main proceedings or, if
the Swedish Enforcement Administration deems it sufficient, in certified transcript.
Document referred to in the second sentence of the second subparagraph shall be made in
the main Scripture. Other document should be submitted in writing or master certified
transcript.
Application is made on medium for automatic data processing needs
the enforcement order is not filed, if it is a rash in the matters of
order for payment procedure.
The applicant need not submit the enforcement order, if this is a judgment
or a penalty which, by reason of precept of law or
other statutes have been forwarded to the enforcement authority from a
a court or an authority. Law (1996:1027).
3 repealed by Act (2006:672).
4 repealed by Act (2006:672).
§ 5 If an application is so flawed that it cannot be added to the basic
for the merits of the case and if the applicant fails to comply with an order to
remedy the defect, the application shall be rejected. Law (1993:893).
section 6 Regarding legal standing as well as representative or agent of
and assistance to the parties applied Chapter 11 and 12. the code of judicial procedure, in so far as
unless otherwise provided in this section.
Agents need not prove their eligibility proxy unless
enforcement authority finds it necessary.
Showing agent or counsel oskicklighet or ignorance or is he
otherwise unsuitable, the Swedish enforcement authority may reject him as an agent, or
Counsel in the case.
7 § in the case of action by the enforcement authority
Chapter 33 is applied. section 3 of the code of judicial procedure.
The Act, which relates to the notification or other action that should take place before
foreclosure property is sold, the session is terminated or a decision is taken, it is considered
However, having arrived on time only if the content of the document has been
be known for court enforcement officer prior to that date.
paragraph 8 of the enforcement authority may, if necessary, hire an interpreter. Interpreter that does not comply with
the Mission of the service has the right to reimbursement of public funds.
In case of translation of an application or other document that is not
written in Swedish are applied 33 Cape. Article 9 of the code of judicial procedure.
§ 9 party or third party Fails to discharge any responsibility of
him in enforcement cases, and there is reason to assume that he has to Cook
decay, the failure not lead to penalty or otherwise be
He is accused in the case. Auction or watch sitting shall, however,
not be cancelled other than in exceptional circumstances.
Has anyone submitted to to bring an action within a certain time, and he shows Cook
maturing before the end of that time, the Swedish enforcement authority shall set out
new time.
In terms of what should be counted as Cook decay applied 32 Cape. section 8
the code of judicial procedure.
Interrogation
section 10 of the enforcement authority may hold a hearing with the defendant, if the
needed. The defendant may be required to appear in person at the liquidated damages
not exceeding one thousand dollars.
At such hearing, the applicant shall, if necessary, also called. The applicant may
be required to appear at the penalty of his application would otherwise
expires. Should the applicant appear in person, the penalty of not more than
one thousand dollars be submitted to him.
section 11 of the Hearings may be held with third parties who are interested parties or
under this beam is obliged to provide information. A third party may
be required to appear in person at the penalty of not more than one thousand
SEK.
section 12 of the terms of imposing penalty payments submitted under section 10 or 11
be dealt with by the enforcement authority. Is the purpose of the penalty expired, the
it not be sentenced.
Fails the defendant from interrogation and have a penalty before him, he
downloaded.
paragraph 13 of the third party who has appeared for a hearing must be granted
equitable remuneration of public funds for the cancellation.
section 14 Is at the hearings produced stating the individual's personal or
economic conditions, whose disclosure may be adopted lead to the
individual or someone related to him suffer considerable harm or
significant but, the bailiff shall order that the task may not be
disclosed improperly.
Coercive measures
section 15 Where the Swedish enforcement authority under Chapter 4. 14 or 15 §
or 16 Cape. 9 or section 12 or section 13 read in conjunction with Chapter 4. 14 and
15 § § submitting to the defendant or a third party to perform or
omit anything, the authority may impose a penalty to the amount
that is needed.
Question about imposing a penalty payment submitted under the first
paragraph, on action by the enforcement authority, of the
District Court that according to chapter 18. section 1 examines the appeal of
The Swedish enforcement authority. Has the purpose of penalty
expired, it may not be.
If order not complied with on pain, the bailiff
give the new penalty order notwithstanding that the last has not been
become final. Law (2006:672).
16 § complies with the non-debtor or third party order
According to Chapter 4. 14 or 15 or 16. section 13 read in conjunction with
that section of the law, he may be detained, in exceptional circumstances.
The case of pre-trial detention be reviewed, after production of
Enforcement authority, by the District Court pursuant to chapter 18. 1 §
hears appeals against decisions of the enforcement service.
When the request for detention has been made, shall be negotiated
rooms facing the right. To the hearing shall
Enforcement authority and, if the obstacles not faced, it referred to
with the application is called. He may be retrieved, if reasons exist
In addition. He has been called to the hearing or can it
accepted that he has absconded or otherwise absconds,
is his absence not preclude consideration of the claim. In question
on the right to counsel and the costs of the case have what
provided for in the code of judicial procedure concerning defenders and if
costs in criminal cases the corresponding application.
Right, with a maximum of two weeks hold an
to determine if the inmate in custody should still
be arrested. There is no longer a reason for detention, the
the right to immediately order that the detainee should be freed. No
may be held in detention longer than three months in the case.
As to the treatment for the rest of the questions on detention under
This clause is to the code of judicial procedure if
detention of suspected the corresponding application.
Law (2006:672).
section 17 by the Ordinance, houses, rooms or storage place searched, if
the need for enforcement.
The examiner needs to have access to space is closed,
may he let open locks or prepare access otherwise. He finds
but not prepare access to housing in holder's absence, other
than on notification of the time of the Ordinance has been sent to
holder of record or in any other appropriate manner and it can
accepted that he absconds or otherwise special reasons
exists.
For the implementation of the Ordinance, the court enforcement officer in general use
coercion in so far as it is justified in the circumstances.
Violence against the person, however, may be operated only if he meets
resistance and in so far as, taking account of förrättningens purposes may
It is considered justifiable.
Decision
section 18 of the decision shall, to the extent necessary, the reasons on which it
is based.
Decisions may be appealed against shall contain an indication of what those who want to
bring an action against the decision to observe. Such information may, however,
be omitted when it is manifestly unnecessary.
section 19 of the enforcement authority's decision shall be effective immediately. Liquidated damages may
though not utsökas before the decision
enforcement authority has ruled out the penalty, has become final.
The execution continues even if the Swedish enforcement authority
subject to appeal, if not provided otherwise in this beam or
appointed by a court. Law (1993:516).
paragraph 20 of the Decision, which as a result of typos, errors, or other such
oversight contains obvious inaccuracies, may be corrected by
enforcement authority. If it is not unnecessary, the party and other
interested parties shall be given the opportunity to be heard before the correction takes place.
section 21 of the beam about decision apply mutatis mutandis
such action by the enforcement authority affecting the party or third
man's law.
Examination of the dispute
section 22 of the dispute in the allocation of funds under Chapter 13. paragraph 7 of the third
subparagraph shall be examined by the Swedish Enforcement Administration considered action brought when the creditor
It reported his claims.
If the action did not meet the summons in civil,
the creditor must ask the bailiff to remedy the deficiency.
section 23 of the Swedish enforcement authority shall set hearing of the dispute
and call the parties to the hearing. In the case of such hearing
apply the rules on interrogations in the second sentence of the first paragraph of section 10
and the third sentence of the second paragraph, the second sentence of section 11, paragraph 12
subparagraph and paragraph 14. Party's absence from the hearing does not constitute barriers to
review of the dispute.
If evidence comes to that provided for in the code of judicial procedure of civil cases.
The provisions on the detention of 36 Cape. section 21 of the code of judicial procedure may, however, not
applied.
Dispute in connection with the distribution of the funds at issue.
The decision is addressed in the decision on the apportionment.
section 24 Has according to Chapter 4. 20, 21 or 22 section or chapter 13. 7 §
second subparagraph, an injunction granted to the
Court, the dispute shall be examined by the District Court pursuant to 18
Cape. section 1 examines the appeal of the Enforcement Authority,
unless otherwise follows from the second paragraph.
If the order has been issued pursuant to Chapter 4. 20, 21, 22, or
section 26 of the cases where the dispute concerns property referred to in Chapter 10. 10 or
section 12 of the code of judicial procedure, jurisdiction applies to what
says.
Have the injunction granted in accordance with Chapter 4. paragraph 23
or Chapter 9. the third paragraph of section 11, apply on jurisdiction
that generally is prescribed. In the cases referred to in (4)
Cape. section 23 of the second paragraph, the dispute shall be adjudicated, in the case of
lien on real estate, of the District Court referred to in Chapter 10. 10 §
the code of judicial procedure and otherwise, by the District Court pursuant to chapter 18.
section 1 examines the appeal of the Enforcement Authority.
Have an injunction granted in accordance with Chapter 3. section 16 applies if
jurisdiction what is said in paragraph 43 the law
(1999:116) for arbitration.
The injunction shall be indicated at the Court of first
hand should be instituted. Law (2006:672).
The provision of security, etc.
section 25 of the security that must be provided under this beam shall consist of
deposit, bond or chattel. Bail should be set, such as
for own liabilities and, if it is entered into by two or more persons
common, be compassionate. Safety is not approved by the
for the benefit of which the guarantee shall apply, shall be considered by the
Enforcement authority.
If the bank or other comparable monetary institution should ask
security, may be accepted commitment by monetary institution to
fulfill the obligation which the security is directed to.
The security shall be detained by the enforcement authority.
Law (2008:991).
section 26 When security shall be claimed by the Swedish Enforcement Administration
According to Chapter 3. 22 section, or chapter 13. 3 or section 20;
must pledge available to be used in the arrangements relating to the foreclosure
property. Bail, immediately utsökas. If the collateral consists of
chattel, the garnishment immediately done in the property
covered by rem over. This also applies when
rem over the case in other trade than
debtor's. Law (2008:991).
section 27 of the State, municipalities, county councils and municipal unions need not
provide security.
A penalty may not be submitted to the State. Law (2007:277).
Claims that are not overdue and interest
section 28 of the claim, which is not due and not running with interest
before the due date, the program calculates the amount as after five percent annual
interest is the claim value. The same applies, if the committed rate is
less than five percent.
section 29 When funds that the applicant or other interested parties has a lift shall
paid back, interest under paragraph 5 of the interest Act (1975:635) from the
Today the funds paid to the date of repayment shall be made and
According to section 6 of the interest Act for the time thereafter.
Interest is payable but not to the extent that it depends on who is eligible for
means that they have not been paid back.
Specific provisions concerning the General objectives
section 30 the provisions of paragraphs 1 and 2, as well as paragraph 10(2) applies
not in the General case. In the case of the applicant in such a case
not 6 § nor 29 § in cases where the enforcement order
is repealed.
The applicant in the General case is represented by the enforcement authority. If
question arises whether expulsion pursuant to Chapter 2. section 5 or objection
made against enforcement under Chapter 3. However, section 21 of the applicant
his action. In any dispute referred to in Chapter 4. 20-23 and 26 sections,
Chapter 9. the third paragraph of section 11, and chapter 13. section 7, second subparagraph, and
When an action is brought in a challenged enforcement goals represented
applicant by the Revenue Commissioners.
In the General case is considered application made, when the recovery mission has
been entered into enforcement service system for automatic
data processing and data is available to the authority.
When the recovery is requested under special provisions, is considered
application made after the application documents have been received by the
Enforcement authority. Law (2006:672).
Chapter 3. Enforcement orders
Introductory provisions
section 1 of the execution may, under the conditions set out in
This chapter take place due to the following titles:
1. Court judgement, ruling or decision,
2. the conciliation which is ratified by the Court and
the mediation agreement is declared enforceable by the
Court,
3. approved the penalty order, approved the imposition of
a summary penal fee or fee imposition,
4. arbitration,
5. relations regarding alimony,
6. the management authority decision which, under specific
instruction may be executed,
7. Act according to special regulations may be added to
basis for enforcement, and
8. Enforcement Authority's rulings or decisions in matters of
order for payment or assistance as well as the European
order for payment declared enforceable by the
Enforcement authority.
What is the beam about judgment applies, unless the context otherwise requires,
mutatis mutandis judgements or decisions;
Enforcement authority's rulings or decisions in matters of
order for payment or assistance as well as the European
order for payment declared enforceable by the
Enforcement authority. Law (2011:862).
section 2 of the extent to which enforcement due to foreign enforcement order shall
take place here in the Kingdom is evidenced by specific provisions.
DOM
paragraph 3 of the Judgment may be enforced without special conditions, when the final
force.
Has the action been completed only on certain part of the judgment, the judgment in General, when
It can be done, executed as finally, unless otherwise
decreed on the occasion of the completed action.
section 4 of the Judgment that has become final may be executed in cases and
under the conditions set out in paragraphs 5 to 9.
Provisions concerning barriers to foreclosure property sold or accrued
funds paid out, see Chapter 8. paragraph 4, and chapter 13. 1 and 14 sections.
Law (1995:298).
paragraph 5 of the execution may forthwith be made of
1. the judgment in växelmål or checkmål,
2. default judgment whereby payment obligations have been imposed on the party
absent or did not comply with what is stated in Chapter 44. 7 a or 7 b of the
the code of judicial procedure, unless otherwise decreed on the occasion of the application
about recycling. Lag (1991:848).
paragraph 6 of the judgment whereby payment obligations have been imposed than that
referred to in paragraph 5, shall be enforced immediately, unless the debtor of
Enforcement authority
1. reduces money the amount representing
payment obligation on the date the reduction takes place together with the
the court costs or
2. who pledge a corresponding credit of bank
or credit market undertakings, together with the interest rate charged on
credit for the time thereafter or
3. when the judgment was given by the Court, set the other security
for liability in addition to the court costs.
Debtor fulfills what now has been said only after the action has
taken for execution of judgment, the operation return,
If it can be done. Law (2006:672).
section 7 Has higher right declared an action against the judgment of the
payment obligations have been imposed on overdue, the judgment to be enforced immediately,
unless otherwise decreed by reason of application for target's resumption.
Has the Court of Appeal refused leave to appeal by a party in the proceedings against District Court
judgment, whereby payment obligations have been imposed on the party, the judgment
take effect immediately, unless otherwise decreed on the occasion of the action against
the decision of the Court. Law (1987:755).
paragraph 8 of the Judgment whereby someone has ordered to pay personal property may
executed immediately, if security is provided for the return of such property, together with
returns. However, this does not, if the obligation is imposed as
special effects of the crime.
paragraph 9 of the Judgment, that under other law or by order of the Court may
executed before the final, executed as
Finally, if not otherwise provided by law or mandate.
section 10 of the application for revision or restitutio in integrum, decision
through which such an application has been granted or lament over
domvilla does not prevent enforcement, unless the Court decides otherwise.
Act (1994:1038).
Rash and decisions in proceedings concerning orders to pay and assistance
as well as the European order for payment procedure
section 11 of the Ruling or decision in proceedings concerning orders to pay or
assistance through which any payment obligation has been imposed on the
may be executed forthwith, unless otherwise decided by reason
of the request for recovery or appeal. The debtor has sought
recycling or appealed, applied what is said in paragraph 6 If
during the judicial judgment. Act (1994:1038).
section 12 of the Ruling or decision in proceedings relating to the assistance are executed, except
in the cases referred to in section 11, such as the final judgment, unless something
otherwise decided on the application for recycling or
appeal. Act (1994:1038).
12 a of the European order for payment which has been declared
enforceable by the Swedish Enforcement Administration may be executed without
special conditions apply, subject to article 22
or 23 of Regulation (EC) no
1896/2006 of 12 december 2006 creating a
European order for payment procedure. Law (2008:881).
Conciliation and mediation agreement
paragraph 13 of the settlement is ratified by the Court and
the mediation agreement is declared enforceable by the
Court enforced that finally, unless otherwise
be decided by reason of the proceedings against the judgment or decision or
Action for annulment of the settlement or
the mediation agreement. Law (2011:862).
Penalty order, injunction by summary penal fee and
charging procedure
section 14 of the Approved penalty order and approved the imposition of
a summary penal fee is enforced as final judgment.
The first paragraph also applies to charging order has
approved in accordance with Chapter 3. section 18 of the Competition Act (2008:579).
Law (2008:588).
Arbitration
section 15 Arbitration based on the arbitration agreement may be executed, if
1. the arbitration agreement does not contain any reservation concerning the right of
party to bring an action against the judgment or, where such a reservation
see, the time of the party's action has expired without action,
grouped, and
2. the judgment satisfies the requirements for writing and
signature in paragraph 31 the law (1999:116) if
arbitration.
In the matter of compensation to arbitration, the arbitral award
executed, if
1. the time for appeal against the judgment of the parties in this part has expired without
that an action has been brought and
2. the judgment satisfies the requirements for writing and
signature in paragraph 31 the law (1999:116) if
arbitration.
The defendant shall always be given an opportunity to be heard before
enforcement takes place.
The enforcement of an arbitral award covered by such
agreement on the restriction of the right of the parties to bring an action
against the award as specified in section 51 Act (1999:116) if
arbitration shall be provided for there. Law (1999:118).
section 16, there is reason to believe that an arbitral award under
section 15 may be executed is invalid and is not already in trial
Accordingly, the applicant shall submit to the enforcement authority to
within one month of the order was served, the applicant may bring
action in the matter against the defendant. Law (1999:118).
section 17 the provisions of §§ 15 and 16 shall apply mutatis mutandis
an arbitration award which, without the existence of the arbitration agreement, on the basis of
law has been issued in accordance with the law
(1999:116) for arbitration. Law (1999:118).
section 18 does not exist due to the provisions of section 15 or 17
obstacles to the enforcement of the award, is that
Finally, unless otherwise decreed by the Court that
proceedings against the award brought.
The applicant has submitted to the to institute proceedings under section 16 shall
the award, however, enforceable only in the cases and under the conditions
that applies to non-final rulings in the case. Then
the action brought by the applicant on the validity of the award, or
the defendant, the Court may decide if the execution. Brought
not an action within the time specified or end goal without
the substance shall, for the purposes of section 22 is considered as if
the award had been lifted. Law (1999:118).
Liaison regarding alimony
§ 19 written by two people witnessed the marriage relation
maintenance allowance under the matrimonial code or parental code is executed
as final judgment.
In the case of child support, which shall be provided to the debtor's spouse for
her husband's own part or of the spouses ' children, however, may take place, enforcement
only if the spouse for the duration of the grant relating to non-sustainable living
together and still not make it.
Has legal proceedings relating to a marriage brought a case to court, the latter may appoint
that enforcement may not take place until further notice. Law (1987:793).
Other enforcement order
section 20 in respect of enforcement of administrative decisions
apply what applies if the judgment, unless otherwise is stipulated. Before the thing
have been finally adjudicated, count decision under legal judgment.
In case of execution on the basis of the document referred to in article 1, first
paragraph 7 applies to what is legally required.
Objections to enforcement
section 21 Showing the defendant that he has fulfilled all payment obligations or
other obligation as regards the application for enforcement,
execution not take place. The same applies if the defendant to settlement
invokes the claim, which has been established by writ of execution which may
enforced or based on bonds or other written
debt securities, and in other respects the conditions for set-off exists.
Does the respondent claimed that other relationship relating to the parties '
interaction constitutes refusal of enforcement and the opposition can not
be disregarded, nor may enforcement take place.
There is the case referred to in the first or second paragraph and have action
for enforcement already taken in the proceedings, the operation return, if
It can be done.
Enforcement authority with reason of objection referred to in
the first or second paragraph prevents the matter to be examined in a trial.
Withdrawal of writ of execution
section 22 is repealed an enforceable title, searched the enforcement
immediately be suspended. Already taken action for enforcement shall
as far as possible return. Such return shall be made forthwith, unless otherwise
have designated. In case of garnishment action taken shall, however, not
without a special appointment to return until the judgment declaring
the enforcement order has been lifted.
In case of seizure, the enforcement authority on request, exquisite what
the creditor shall be required to pay back. In that regard, collateralisation is taken into
claims. In other cases, the authority shall on request reset
possession or other relationship that has been disrupted, if obstacles do not
encounter.
The applicant is also obliged to compensate the damage that the defendant has suffered
through enforcement. Law (1995:298).
Specific provisions concerning the General objectives
23 § 3 13 15 20 the provisions of §§ 22 and paragraph and
the third and fourth sentences, and the second and third paragraphs do not apply
in the General case.
Judgment or decision, whereby someone has been sentenced to pay a fine or
penalty or imposed on such specific legal effects of crime
include payment obligations, shall not be enforced until the judgment
or decision has become final. Other enforcement order in General
the target may be executed before it has become final, if it is
legally required.
Enforcement order certificate on the general goals are implemented as final judgment.
Instead of what is stated in section 22, first paragraph, third and fourth
the sentences in return of attachment shall be made immediately, when
the enforcement order has been lifted. Law (1995:298).
section 24 Has the contents of the enforcement order entered in the thing penny length,
restlängd or such other document which has been prepared in accordance with the Special
Regulation, enforcement may take place on the basis of the action.
Chapter 4. Garnishment
Introductory provisions
1 § Seizure may take place when the enforcement measures for
liability is admitted pursuant to Chapter 3. The attachment may also be
When the bailiff in accordance with special provision in this beam may
exquisite claim or charge.
1 a of the Seizure on the basis that the debtor according to the law on special
times shall pay maintenance to the spouse, former spouse,
own child or someone else's children shall cover all contributions which are
past due at the time of enforcement. However, the applicant may request that the
enforcement shall be limited to a certain amount.
Attachment shall not be time-barred maintenance under
marital and parental code. Law (1995:298).
2 § By garnishment may be claimed property that is not exempt on
because of the provision of this beam, or because of specific regulations.
To the extent the lien in the ship or property not constitute security for claims
may it be seized of the mortgaged property's owners. The same applies
debt securities which are mortgaged in aircraft or spare parts to
aircraft.
For garnishment of wages and certain other benefits under Chapter 7.
Special terms and conditions.
Enforcement order
paragraph 3 of the Attachment shall be made only if the amount can be calculated
float in, less costs incurred after
the garnishment, gives a surplus which will make the operation justifiable.
Of attachment bar property should primarily be used such
asset that can be used to claim payment with minimum
cost, loss or other inconvenience to the debtor, unless otherwise
to the provisions of §§ 4-6. Law (1993:1650).
4 § the claimant, whose claim is joined with special preferential rights, have the right
to get the attachment of property wherein the preferential right applies.
Other access may not be seized of the claim, if it is to the detriment of
other applicants, unless enforcement is done on condition that payment in
the first instance shall be deleted from the property wherein the preferential right applies.
§ 5 Registered ship, registered aircraft, encumbered parts
to aircraft or immovable property, only if the applicant requests it
be imposed for claims that are not unified special preferential rights in the property.
paragraph 6 of the related assets cannot be separated without special reasons.
Accessories of vessels, aircraft or property may not be seized
especially for themselves.
Includes mortgage on aircraft including spares, not for any of the on
certain place kept the spare parts attached in particular to itself without
mortgage holders ' consent.
section 7 of the movable property may be imposed only if the property is available at
Ordinance or if the property still because of the registration,
disclosures at the hearings or other investigations can be identified and
obstacles cannot be adopted meet against enforcement of garnishment under what
as is said in Chapter 6.
Here in the Kingdom registered ship or aircraft may be seized even if
obstacles to the enforcement of garnishment may be adopted.
Procedure
section 8 has been repealed by Act (2006:672).
section 9 of the enforcement authority shall to the extent necessary
with regard to the content of the application, additional information,
the debtor's circumstances and facts otherwise investigate
the debtor's employment and income conditions, as well as
examine whether the debtor has property seizure bar.
Law (2007:277).
9 a of the debtor under the investigation lacks the assets to
full payment of distraint claim, shall
Enforcement authority as soon as possible, inform the applicant and the
the debtor about this. The applicant shall also be informed of the
investigative measures they intend to take later in the
course of the proceedings. Law (2007:277).
section 9 (b) if the debtor during the processing time goes into
bankruptcy proceedings shall be discontinued. Does the case concern a
the claim of lien on specific property, Chapter 3. 7 §
Bankruptcy Act (1987:672) that it shall be dealt with further in the
part relating to attachment of property. Ongoing wage garnishment applies
Chapter 7. § 19.
Property that has been imposed may be sold before the bankruptcy and income
funds are accounted for to the extent arising out of Chapter 3. section 8
the Bankruptcy Act. The same is true for measures against employers
According to Chapter 7. section 21. Law (2007:277).
9 (c) repealed by law (2007:277).
9 (d) repealed by law (2007:277).
9 (e) repealed by law (2007:277).
9 (f) repealed by law (2007:277).
9 g repealed by law (2007:277).
section 10 of the Seizure shall take place as soon as possible after the
documents required have been submitted to the enforcement authority.
If the applicant admits suspension of garnishment and the suspension lasts
over two months, due application. The same applies if the
the applicant admits the suspension more than twice in a year.
Law (2007:277).
section 11 Has two or more sought garnishment against the same debtor, shall
attachment of the receivables occur at the same time, if the non-enforcement of any
of the debts thereby delayed unreasonably.
The provisions of Chapter 7. 17 section if adjustment of the
maintenance for attachment of earnings is also applied at other
garnishment. Law (1995:298).
section 12 Before repossession takes place shall be sent to the notification of proceedings
the debtor by mail or delivered by any other appropriate means.
The notification shall be done so early that the debtor can be get
sufficient time to defend their rights.
There is a risk that the debtor obtain away or destroys property or
otherwise, the matter is urgent, the debtor need not be informed.
Intelligence is not needed either, if the debtor does not have a known domicile and
It has been able to clarify where he resides.
paragraph 13 of the Garnishment may be made notwithstanding that the debtor is not present,
If it is not necessary that he gets the opportunity to make known their views on the Ordinance.
13 (a) repealed by law (2007:277).
Disclosure
section 14 of the debtor is required to provide the information about its assets
needed to proceedings.
Enforcement authority may require the debtor to submit the list of
their assets. If necessary, the authority may appoint a suitable person to
assist the debtor in the preparation of the list.
The debtor may also be required to make good on their honour in writing
confirm the details of their assets that he has left at the hearing
or in the list.
section 15 of the third party is required to disclose whether the debtor has the claim of
him or other interactions with him, that may be of importance for the
assessment of the extent to which the enforcement debtor has carried the property, and to enter
the detailed nature of this balance.
section 16 of the regulations on hearing of the debtor or a third party and if
coercive measures in connection with the information requested by the debtor or
a third party can be found in Chapter 2. 10-16 sections.
Relationship to third parties by the attachment of movable property
section 17 of the movable property may be seized, if it appears that the property belongs to
the debtor, or if he is under 18 or 19 § shall be deemed to be the owner.
section 18 of the debtor is deemed to be the owner of the personal property which he has in his
possession, if it appears that the property belongs to another.
In the case of a registered ship or aircraft is registered
the property is considered to belong to the debtor, if he is registered as owner
and it appears that the property belongs to another.
Article 19 if the debtor is married and permanently cohabit with their spouse and the
has movable property in his possession as joint debtor is deemed to be the owner
to the property, if it is not likely that the venturer is made to
the property under the Act (1904:48 s. 1) on co-ownership and the nor
indicates that the property belongs to the other person or anyone else. The same
case, when the debtor habitually cohabit with other under
marital relationships.
If the debtor and other than as referred to in the first subparagraph are movable property in
their joint possession, property or interest therein can be seized only
If it appears that such property or share belongs to the debtor.
The first and second paragraphs do not apply in the case of registered ship or
registered aircraft.
section 20 be withheld personal property under section 17, 18 or 19, even though third parties
maintains better rights to the property, the bailiff shall, if
circumstances, submit to third man that within one month
This order was served on him may bring an action against the applicant in the matter and
the debtor. The same applies, if a third party claims better right first
Since repossession has occurred.
Responding to a third party not injunction, he has lost his right to
the applicant, if not within the specified amount of time has brought an action in the matter against
third man.
section 21 Then seized movable property has been sold or seized claim has been driven
in, the section 20 on the right of the mean income, if not third
the man after the injunction has lost his right to the applicant.
section 22 Allows certain movable property not be meted out according to §§ 17-19 but there is
probable cause that the property belongs to the debtor, the property can be seized
subject to third party rights.
Enforcement authority shall, if it not for specific reasons is unnecessary,
submit to the applicant within one month of the order was served
him bring the matter to the third man. Responding to the applicant not
the injunction, the attachment lifted, if not the third man in the
specified amount of time has brought an action against the applicant in the matter.
The first and second paragraphs do not apply in respect of a registered ship or
registered aircraft.
section 23 Has claim or other rights have been seized and uncertainty
If the substance of the claim or the stocks, Sheriff,
where appropriate, submit to the applicant within one month from the
This order was served on him bringing the matter to the third man.
Comply with the order, the applicant shall not be cancelled, garnishment, if not
third man within the specified amount of time has brought an action in the matter against
the applicant.
The first paragraph also applies when the uncertainty in the case referred to in paragraph 2 of the other
the paragraph relating to what extent foreclosure lien or other encumbrance document
securing the claim.
Relationship to third parties by the attachment of real property
section 24 of immovable property may be seized, if it appears that the property belongs to
the debtor. The debtor has the title deed on the property, garnishment take place, if
It appears that the property belongs to another.
25 § When the transfer of immovable property caused by conditions not yet is
true, prevents not the transfer that such property be withheld for the claim of
the assignor. The attachment includes the right of the transferor in such cases
against the person has acquired the property. The condition is met, the
the attachment then only the transferor to the transferee.
Repossession of real property may also take place for the claim of those who have
acquired the property, although his acquisitions depends of condition. Return his
acquisition, includes the attachment then only the right that he is in such a
cases against the transferred property.
26 § meted out real property and claims to third parties better right to
property, the provisions of §§ 20 and 21.
Enforcement action by court decision or by payment to the
bailiff, etc.
section 27 have the Court or enforcement authority has determined that
overdue claims payable with special preferential rights in
registered ship, registered aircraft, encumbered
spare parts for aircraft or immovable property shall be considered
immediately seized.
This effect is due, unless the sale is requested in
Enforcement authority within two months from the date of the decision
or the ruling became final. Enforcement action matures
In addition, if the creditor of enforcement authority reports that
He will not ask for the sale. Law (2006:672).
section 28 of the Funds which the debtor pays to the enforcement authority in
pending case is considered immediately seized of the case, if payment is not
made with conditions which conflict in that regard.
Effect of attachment
section 29 When attachment has been decided, the debtor may not harm the
the applicant to dispose of it by assignment or otherwise,
If no enforcement authority after hearing the applicant admits that the
special reasons.
The first paragraph does not constitute obstacles to a pledge by lien or other
mortgage document which is valid for the property. Banning the pledge
of such an act when it has been in the custody of the bailiff
There are provisions in Chapter 6. section 5 and 12. § 5.
If the use of foreclosure property, etc., are provisions in Chapter 6. 4 §
second subparagraph, and 12. 6-10 sections.
section 30 of the Attachment with the preferential right decision, subject to the second, fourth or fifth paragraph or Chapter 7. section 13.
Attachment of this country registered ship or aircraft, encumbered parts for such aircraft or real property not entail preferential right until the case regarding the note about the garnishment be included on the register today. On the same day enrolment more than such a case, the seizure happened first shall prevail. If this country registered ship or aircraft that has been imposed here are seized in another country before it has been taken care of by the Swedish enforcement authority, the right which has been won by the last attachment as a lien.
Repossession of real property or of aircraft in which a right entered in the land registry the registry of the aircraft gives priority over rights in the property, if the matter regarding the Note If the garnishment is taken up later on the registration date of the registration of the right is sought.
Attachment of a right that is registered under the Act (1998:1479) on CSDs and the accounting of financial instruments leads to preferential rights by registration of garnishment in accordance with the law. Meted out as a right that is managed in accordance with Chapter 3. of that law must be exercised preferential right instead by notification to the administrator about the garnishment.
The same applies if the garnishment is for a lien on a right that is managed in accordance with that chapter.
Attachment of an electricity certificates or a right that is registered under the Act (2011:1200) If electricity causes preferential rights by registration of garnishment in accordance with the law. The same applies to an emission allowance or a right that is registered under the Act (2004:1199) on emissions trading. Law (2016:131).
31 § Attachment gives enforcement authority the right to take the measures
as regards the property needed for the applicant's rights shall be taken to
be. Enforcement authority has the same powers as otherwise
apply the property's owner. However, the authority may not bring an action in
Court or answer in the case concerning the property.
repealed by 32 teams (2006:672).
Waiver of attachment and other correction
33 section of it by trial or otherwise becomes common ground that
foreclosure property belonged to a third party, shall be cancelled, garnishment
unless the third man after the injunction has lost its
the right against the applicant. The property has been sold, the lifting of the
garnishment only right to accrued funds.
Distraint shall also be revoked, if the sale of the property
or recovery of foreclosure claims cannot be assumed to give a
excess that makes action justifiable. Law (2007:277).
34 § Finds enforcement authority for other reasons than that set out in section 33 to
certain property not should have been imposed, the correction be made. Such rectification,
not, however, taken no later than two weeks from the attachment.
35 § bailiff shall, unless special reasons causing the other,
hear the applicant before the correction is done under section 33 or 34.
Specific provisions concerning the General objectives
section 36 the provisions of section 10 of the second paragraph shall not apply in
a general objective. Provisions for suspension in General, see the
7-9 of the Act (1993:891) for the recovery of State assets
accommodation
The provisions of section 11 shall not apply in the general objective of
Enforcement authority has suspended the recovery under section 18
second sentence of the first paragraph of the law for recovery of State
Receivables etc. Law (2007:331).
Chapter 5. Exemptions from seizure
Except with respect to the debtor's needs
paragraph 1 shall be exempt From seizure
1. clothing and other items that serve exclusively to the debtor's
personal use, to a reasonable value,
2. furniture, household utensils and other equipment, to the extent that the property is
necessary for a home and its maintenance,
3. work tools and other equipment necessary for the debtor's
employment or vocational training, as well as animals, feed and such that
otherwise needed for his livelihood, all at fair value,
4. the subject with such overwhelming personal value for the debtor to
It must be regarded as obvious obilligt to take the property,
5. leases of apartments that serve the obligor to the Permanent
home or needed his professional activity, even if the lease may
transferable,
6. right to housing apartment that serves the debtor to permanently
residence, unless the debtor in connection with the acquisition of housing rights infringed
due regard to their creditors or, having regard to
the value of the debtor's housing needs and is unfair to the housing law
be exempt from garnishment,
7. money, bank credit, other claim and supplies, in the
so far as otherwise provided and the time reasonably required
maintenance for the debtor to its income that covers the need is to
wait, though not without serious reasons for longer than a month.
2 § When the debtor has family, determined what may be exempt under section
with due regard also to what the family wont or need.
If the debtor or any belonging to his family suffer from disfigurement or
serious illness, it must also be taken into account.
Exemption under section 7 is determined with due regard also to the
maintenance burden.
3 section at the attachment of the estate case 1 and 2 sections concerning the estate
belonging to the property of the dead man's surviving family is usually or
need. Instead of 1 § 7 applies to such property referred to therein
shall be excluded to the extent necessary for maintenance pursuant to chapter 18. paragraph 5 of the
second paragraph of inheritance.
In addition, 1 and 2 sections not applicable at the repossession of the legal person.
section 4 If the property referred to in paragraph 1 of the 1-3 has such value that it can not be
be exempted according to what is being said there, the garnishment be subject to
the debtor after the sale of the held
the purchase price to get out some reasonable amount to raise what he
need in the sold property's place.
The exception because of the nature or specific
Regulation
paragraph 5 of the property, which, because of their nature, according to the regulation on
gift or bequest or otherwise applicable to everyone,
transferable, may not be seized, unless otherwise follows from the second subparagraph
or by special regulation.
Property, that the debtor has acquired on credit subject if
withdrawal right of the creditor, may be imposed notwithstanding that
the property may not be transferred.
section 6, resources for particular identified purposes have been instructed
the debtor, by the State, a municipality or another congregation or by
Association, Foundation or institution with public purpose
or have been collected among the public, may not be seized, if it
contrary to the stated purpose.
Since funds have been disbursed, the prohibition against attachment so
long as they are kept separate.
The first and second subparagraphs shall also apply funds for funeral
become the property of a decedent's estate because of an insurance policy or a
representation by an employer, to the extent that the amount is not
exceeds the applicable price base amount for dödsåret according to
Act (1962:381) on general insurance. Act (2005:108).
section 7 of the damages due to the debtor, by reason of the injury,
detention, false charges, libel, or other such things, do not
be seized while the damages available in the program shall pay it has
the compensation determined to be payable as an annuity, for what has been said now
the right to life.
Since the compensation was paid, what kept separate not
be imposed, if the damages shall meet the security needs that are still
persist or, otherwise, if less than two years have elapsed from the
that the funds paid out.
section 8 Right to a pension or to another annuity than referred to in section 7 may
not be imposed to the extent necessary for the debtor's right of supply and
the performance of maintenance obligations imposed on him. However, this does
No, if the debtor in connection with the acquisition of the right infringed the due
consideration for its creditors.
§ 9 When rights to literary or artistic works, or other such
may not be imposed, nor the right to compensation for the use of
right attached before this has been used as required to
the consideration shall be paid and the price can be calculated.
section 10 on the prohibition of the garnishment in certain other cases, special
regulations.
section 11 in respect of the garnishment of salaries and other benefits are available
provisions of Chapter 7.
section 12 of the funds may not be imposed while they are available in different may not
since they have paid be seized until the day following the payment.
Pledged property, etc.
section 13 the provisions prohibiting the attachment of 1-9 section prevents not to
property referred to which is meted out for the claim associated with the deposit or
liens on the property.
Those provisions prevents nor seizure of property
subject to garnishment for debt or used by
payment assurance.
Procedure before trial
section 14 of the debtor must furnish the information available to him
and required the enforcement service examination of what should
be exempt from garnishment. The authority shall proceed according to what is
known or can be ascertained without spin.
section 15 Authorizes certain assets to seizure, debtor hampers
the provisions on prohibition of seizure in 1-12 §§ property to:
be withheld, whether it can be transferred and seizure not manifestly contrary to what
as is appropriate in the interest of the debtor's or his family's needs.
Chapter 6. Enforcement of garnishment
Movable property
section 1 of the attachment of movable property shall be ensured by virtue of
This chapter.
Ensuring, in accordance with paragraphs 2 to 8 shall be effected without delay. Meted out here in the Kingdom
registered ship or aircraft despite impediments to the transfer of the
ensure the attachment, shall be effected without delay ensure then
hurdle has lapsed.
When a registered ship, registered aircraft or encumbered
spare parts for aircraft as referred to in Chapter 4. section 27 is considered reasonable, the
measure for ensuring non-own motion taken before
the sale has been requested.
section 2 of the Money and promissory notes and other documents, whose production constitutes the condition for the right to demand payment, or request any other obligation is fulfilled, should be taken into custody.
Meted out mortgages in the ship or property or debt securities that are mortgaged in aircraft or spare parts for the aircraft of the mortgaged property's owner, the mortgage deed or mortgage deed be detained. If the order for attachment of lien-a lien relates to the data, the enforcement authority may request that the State surveying authority decides that such registration measures listed in sections 7 and 8 the Act (1994:448) If a pledge letter records must not be taken or that the State surveying authority issues a written pledge letters according to section 8 of the aforementioned law.
If it can be assumed that such an act referred to in the first or second subparagraph, withheld or is lost, rather than primarily or other bound announced ban to fulfil its obligation to other than enforcement authority or the Authority directs.
Attachment of a right that is registered under the Act (1998:1479) on CSDs and the accounting of financial instruments should be ensured by the registration of the garnishment in accordance with the law. Meted out as a right that is managed in accordance with Chapter 3. that law, the enforcement rather than be by notice to the trustee of the garnishment. The same applies if the garnishment is for a lien on a right that is managed in accordance with that chapter.
Attachment of an electricity certificates or a right that is registered under the Act (2011:1200) If certificates shall be ensured by the registration of the garnishment in accordance with the law. The same is true for the attachment of an emission allowance or a right that is registered under the Act (2004:1199) on emissions trading. Law (2016:44).
3 § meted out other claim or right than referred to in paragraph 2, shall
primarily, or other obligation announced bans to fulfil
their commitment to other than the bailiff or the like
the Authority directs.
At the attachment of the right referred to in Chapter 7. land code or by
building on unfree because property owners shall be informed. About repossession
of the tenant is informed housing association.
section 4 of the other movable property other than that referred to in paragraphs 2 and 3 shall be taken into custody
or, if left in the debtor's possession, sealed or labelled
as foreclosure, unless it appears to be unnecessary.
Foreclosure property that are not detained or sealed may be used by
the debtor, unless enforcement authority decides otherwise.
paragraph 5 of the lien or other encumbrance document, which apply in
seized ships or aircraft or in seized spare parts for
aircraft or in foreclosure property that is mortgaged by the law
(2008:990) if chattel, and not the level of borrowing, may be taken into
custody. Since the document was taken into custody, it must not
pantförskrivas without Enforcement Authority.
Law (2008:991).
6 § Subject to readmission right prevents non-that such property be detained,
sealed or labelled, whether it has been imposed by the transferee.
The assignor shall be notified of the attachment.
section 7 of the property which is in the possession of third parties may be taken into custody,
sealed or labelled, when such a measure is provided for in
2-5 paragraphs. If an attachment of lien relating to a
data lien and a third party is registered as a pledge letter holder,
the Swedish Enforcement Administration may request that the State
surveying authority decides that such registration
as mentioned in 7-8 of the Act (1994:448) If a pledge letter records not
may be taken.
In the case of mortgages or other mortgage documents
leveraged implemented the provisions of the first subparagraph only if
There are special reasons. If the property is not taken into custody, or
a decision as referred to in the first subparagraph, second sentence
not be notified, should instead ban notified the holder that
but the Swedish enforcement authority to disclose such property or
take any other action with it to the detriment of the applicant.
If a third party handles mortgages or liens on the property
taken into custody, hold enforcement authority property for
the third man's behalf. Law (2008:542).
section 8 of the Act, which are not mentioned in section 2 or 5, but showing the debtor's
right of foreclosure property or whose care is necessary in order to
prevent the disposal of property or that is required for the use of
This may be taken into custody. This is true even if the document is in the possession of
the third man.
section 9 of the enforcement authority shall as soon as possible list and
the value seized movable property. If necessary, qualified person hired
the valuation.
Even actions taken into custody shall be listed.
10 § in addition to what follows from 1-9 § § enforcement authority shall take
the measures in each particular case needed for enforcement shall
be ensured.
10 a of/expires U: 2016-05-01/
When a seized vessel or aircraft under
Customs supervision, the bailiff may request the assistance of
The Customs and Excise Department to prevent the vessel or aircraft
depart. To prevent the vessel or aircraft to resign has
The customs service has the same powers as the authority under
Customs Act (2000:1281). The same applies when goods in the ship or
the aircraft has been imposed. Act (2000:1286).
10 a of/comes into force in: 2016-05-01/
When a seized vessel or aircraft are subject to customs supervision, the bailiff may request the assistance of the Customs and Excise Department to prevent the vessel or aircraft departs. To prevent the vessel or aircraft to resign has customs service has the same powers as the authority under the Customs Act (2016:253). The same applies when goods in the ship or aircraft has been imposed. Law (2016:254).
11 § meted out property that is already measured for the other claim, or which are
coated with attachment, the measures for enforcement of garnishment
should be adapted accordingly.
Provisional measure
section 12 of the May seizure of certain goods not be made immediately,
enforcement authority as well, if necessary, take the property in custody or
take any other action specified in §§ 1-10.
When such action has been taken, to what is said in Chapter 4. section 29.
The action must not be longer than is necessary. Has attachment not
followed within two weeks, the measure shall be lifted.
Immovable property
13 § on the enforcement of the attachment of real property and on the use of
such property includes provisions in Chapter 12. 3-10 sections.
14 § meted out real estate in cases referred to in Chapter 4. section 25, shall
the purchaser or transferee, where enforcement takes place, of the transferor
be informed and ban announced him to other than
enforcement authority or the authority direct pay or
refund the purchase price or provide other that because of the agreement,
apply the debtor.
Chapter 7. Garnishment of wages, etc.
Appropriated funds and General
Article 1 the provisions of this chapter apply in respect of
attachment of
1. workers ' salary, whether it is based on the assumption that time rate,
piecework pay, commissions, or other compensation,
2. other remuneration for work by the debtor, if
his position is comparable with a workers ',
3. periodic consideration for exploitation of the patent, the right
to literary or artistic works or such other
right or for the transfer of motion,
4. the amounts that are paid as a pension or annuity,
5. parental leave benefits, sick pay,
rehabilitation allowance and närståendepenning according to
social insurance code, as well as other compensation provided
due to illness, infection, accidents, education,
unemployment, military service or other
service that is replaced with the same or similar benefits
as the military service, all to the extent
compensation does not intend to compensate for the particular
specified costs or to be reimbursed.
The provisions of this chapter do not apply when
the debtor's estate, or any other legal entity.
Law (2010:1229).
section 2 of the provisions concerning attachment of wages also applies to attachment of
other benefit referred to in paragraph 1, unless otherwise specified. Provisions on
employers apply to the issuing privilege. Law (1995:298).
Conditions for garnishment
paragraph 3 of the wages available in the employer may be imposed by
the employer is obliged to withhold and pay out a certain portion of your salary
to the enforcement authority. The decision on seizure may relate to future
the payment of wages or some lönepost.
Garnishment of wages shall be done only if it is justifiable with regard
to the amount that can be estimated to flow into. Law (1995:298).
section 4 of the Salary may be recovered only to the extent that the
exceeds what the debtor needs for his and the family's maintenance
as well as to the fulfilment of the payment obligation towards the other, which at
attachment of earnings has better right to salary. At attachment for
claims with preferential rights pursuant to section 14 the first subparagraph 1 shall also
payment obligation towards the other who have equal rights which the applicant
be taken into account.
If garnishment refers to the piecework pay, commissions, or other compensation
that available for longer than a month, particular account shall be taken
to this relationship. Law (1996:1032).
§ 5 the portion of the wage which may not be claimed by way
(reserved amount) is determined on the basis of the amount, multiplied by
a number that indicates the relationship of the general price level in
the month of October the previous year, and the price level in October 1993
(the normal amount). The amounts are 43 800 dollars for lone, 72 360
Crowns for sammanlevande husbands and thus equal, 23 240 kronor
for each child up to and including the calendar year in which the child reaches six years of age
and 26 750 kroons for the time thereafter.
Normal amounts shall be deemed to include all of the standard cost of living
but housing costs, which are calculated in particular and is added to
normal amounts.
The normal amount is determined each year by the Government or the
the Government authority determines. Law (1995:298).
section 6, attachment of earnings for maintenance payments referred to in Chapter 4.
1 a of the first subparagraph shall be done only if the refund amount is outstanding
unpaid or if the debtor on two or more occasions
in the last two years before the attachment has
failed to pay on time, and there is reason to
assume that this must be repeated.
The attachment may only be made for the amount that is due when
enforcement is to be effected or maturing second thereafter.
Act (2004:479).
Procedure
section 7 Before a decision on seizure, the debtor is given
opportunity to be heard, unless it would significantly delay the
the handling. Unless there are special reasons for it,
the debtor, however, not be heard when he changes employment and decision shall
be notified about enforcement of the new employer. Law (1995:298).
section 8 Upon attachment of salary, the enforcement authority to determine both
how much as a maximum may be withheld by each payday
(the garnishment amount), and reserved the amount. Instead of
establish a seizure amounts, the Agency may determine that any salary
exceeding the reserved amount shall be used.
In case of attachment of sickness benefit or other compensation referred to in paragraph 1 of the
5 the first paragraph is determined the amount and execution reserved amount
per day. If such compensation is paid for more than one day, the
the garnishment amounts and reserved amounts for all days included in the
benefit period are counted together. Law (1995:298).
8 a of the At attachment for a lump sum concerning maintenance payments
with preferential rights according to section 14, the bailiff if necessary
allocate the amount of special items according to what is reasonable
given the time that amount is intended for and other
circumstances. The specific items considered by the garnishment overdue
as determined by the Division. Law (1995:298).
section 9 if there are special reasons, the Swedish enforcement authority may impose
the employer to adapt the method of payment of wages so that
the attachment can be executed in the proper order. Law (1995:298).
section 10 a decision on seizure shall be amended, where there is reason
to the change that is. prior to the detriment of the debtor
determined, he shall be given an opportunity to be heard, if it is not
clearly unnecessary. Such an event does not have to be given, if
the decision cannot be postponed.
A decision on the enforcement of maintenance payments referred to in Chapter 4. 1 a of the
the first subparagraph shall be waived, if the debtor pays the overdue premiums
and resulting court costs and there is reason to believe
to grant the debtor fulfils the obligation in the future.
Law (1995:298).
section 11 of the enforcement authority may, on the application by the applicant or
the debtor granting deferment during ongoing garnishment of wages. On
the request of the debtor may defer, however, only be granted if applicant
admit it, or if there are special reasons. Law (1995:298).
section 12 of the enforcement authority shall notify the employer of a
attachment and decisions on matters referred to in §§ 9 11.
Law (1995:298).
The precedence order
paragraph 13 of the Garnishment of wages involves preferential payment when the amount to be
the amount is due and payable.
When the sickness benefit or other compensation referred to in article 1, first
paragraph 5 is paid for more than one day, the compensation shall be deemed to have
due for payment with the garnishment amount each day
the replacement period. Law (1995:298).
section 14 For attachment of earnings has the following requirements in Board
order priority over other creditors claims:
1. claims relating to maintenance pursuant to the marriage bar
and the parental,
2. the wages of the debtor's bankruptcy claim according to bos, Chapter 3. 4 §
Bankruptcy Act (1987:672), about the salary paid during the bankruptcy proceeding,
3. the claim referred to in section 2 of the Act (1993:891) for the recovery of
Government receivables, etc.
The right of pre-emption in accordance with the first paragraph 1 also applies to such
Foreign maintenance which may be executed in Sweden, if
grant the claim at the time of enforcement is not older
than five years. Act (2004:479).
15 § deduction of preliminary tax takes precedence over enforcement
of pay. A claim under section 14, first paragraph 1 takes precedence
in front of the court costs. Act (1997:490).
section 16 of the concomitant attachment for several claims with preferential rights
According to section 14, first paragraph 1 shall the retained amount is allocated
After the current size of the debts. If more than that corresponding to the
current receivables has been imposed, the amount that has been out there longer
preference for the distribution of the excess amount.
An installment that flows into a certain berättigads claim
settled primarily on the claim which has been out the longest.
Law (1996:1032).
section 17/expires U: 2016-04-01/
The debtor resides permanently with her husband and
in excess of maintenance to the spouse or spouses '
children what reasonably should apply the
creditor, may for the purposes of
14 and 16 §§ be adjusted taking into account the other claim for
the seizure occurs at the same time. If there are particular
reasons, such adjustment to be done even by other
child support, if this exceeds what is reasonable
necessary for the creditor's supply.
The debtor has the right to deduct under Chapter 7. 4 §
the parental or 19 Cape. section 19 of the social security code,
on this basis, amounts credited him not
be used by enforcement of the claim, which accrue
other than the creditor or someone who has
entered his right, or for claims relating to
maintenance support for the same child. Law (2010:1229).
section 17/entry into force: 04/01/2016
The debtor resides permanently with her husband and
in excess of maintenance to the spouse or spouses '
children what reasonably should apply the
creditor, may for the purposes of 14
and 16 §§ be adjusted taking into account the other claim for which
garnishment occurs simultaneously. If there are special reasons,
such adjustment be made also by other child support, if this
exceed what is reasonably necessary for the
creditor's supply.
The debtor has the right to deduct under Chapter 7. 4 §
the parental code, the amount of credited
him or her cannot be claimed by way of
the claim, which accrue to a person other than the person entitled
or someone who has entered his right, or of the claim
relating to child support for the same child. Law (2015:756).
section 18 Has garnishment of claims with preferential rights pursuant to section 14 granted
in the benefit referred to in paragraph 1(1), 3 or 4 and then becomes
right as such a foreclosure for the other claim, have the last
claim priority to payment out of what is flowing as a result
of the latter the garnishment. In the case of claims with preferential rights
According to section 14, first paragraph 1 applies in respect of amounts that are
due when the order for enforcement on the right
communicated to or expire next thereafter.
Has attachment granted the benefit referred to in article 1, first paragraph 3
or 4 any other claim than that referred to in paragraph 14 and then becomes
right as such foreclosure for additional claims, the
later the garnishment shall be deemed to have occurred for the unpaid portion of the
the last claim. Law (1996:1032).
19 § Even if the debtor is in bankruptcy, garnishment pursuant to this chapter
be made for claims with preferential rights pursuant to section 14 the first subparagraph 1.
The attachment may also be carried out on behalf of the bankrupt estate.
Interdiction in bankruptcy during the ongoing garnishment of wages for
any other claim than that have preferential rights according to section 14
the first subparagraph of paragraph 1, the garnishment continue for the bankrupt estate
behalf, unless the trustee asks for enforcement shall be
cease. Law (1996:1032).
Employers ' obligations
section 20 of the employer must include the enforcement amount only to
the part that exceeds the amount of the salary being reserved.
The employer shall pay the retained amount to
enforcement authority at the time and manner as the authority determines.
The Swedish Enforcement Administration may, in cases where the Government provides for it,
decide that the retention amount shall be paid to another
authority than the Swedish enforcement authority.
If there is a specific reason for it, the employer may be required
to immediately pay the retained amount to
enforcement authority. Law (1995:298).
section 21 of the employer will pay out salary in apparent violation of a decision
repossession or fails within the prescribed time limit, he or
demand to pay the retained amount to
enforcement authority, the employer immediately utsökas what he
should have included or have contained. Law (1995:298).
section 22 Working in someone else's work without pay or
against obvious to low compensation and can therefore not be foreclosures
or only with low amounts, the bailiff
oblige the employer to, for the time after the decision thereupon has
notified and until otherwise decided, to grant the authority to
a lot of that could have been taken out of the seizure, if reasonable remuneration had
been paid for the work. Before such decision is communicated to
the debtor and the employer is given the opportunity to comment.
An action referred to in the first subparagraph shall be counted as garnishment of wages.
The employer fails to pay the amount determined by
the decision, to what is said in paragraph 21. Law (1995:298).
Specific provisions
section 23 of the employer Has withheld funds for garnishment of
salary in the general objective of the claim referred to in section 2 of the Act
(1993:891) for the recovery of State assets, etc., is
the debtor is no longer liable for the portion of the
the claim that corresponds to the retention amount, even
If it cannot be taken out of the employer. The same applies to
when funds have been suspended for claims relating to
maintenance, if the claim is payable
Insurance Agency under Chapter 19. section 29
the social security code. Law (2010:1229).
section 24, since the salary was paid, can the funds be seized only in accordance
with what is said in Chapter 5. Law (1995:298).
Penal provision
section 25 of an employer who willfully or negligently fails
that in due time submit to the enforcement authority amount
would have been suspended in accordance with the decision on seizure, is sentenced to a fine.
Law (1995:298).
Chapter 8. General provisions relating to forced sale, etc.
Introductory provisions
1 § foreclosure property is sold by the Swedish enforcement authority.
In Chapter 9. contains provisions on the recovery of foreclosure claim and if
After attachment of lien or encumbrances bonds.
Provisions for the sale of seized property shall apply mutatis mutandis
even when the property is to be sold by way of execution during the bankruptcy.
section 2 Of the applicant in respect of property for which according to 10-12.
protection amount shall be determined, showing that his claim is associated with
Special priority better than that implied by the garnishment, he can request
to the terms of sale is determined with regard to the former,
preferential rights. In that regard, shall apply the provisions on the creditors '
the connection right.
Deadline for sales and barriers to sales
section 3 of the sale of seized property shall be effected without delay, if not barriers
encounter. In 10-12 Cape. provide for specific time limits in respect of the property
referred to therein.
Enforcement authority may grant the deferment of sales upon request
of the applicant or the execution debtor. At the request of the debtor,
forbearance is granted only if the attachment the applicant admits, or special
reasons exist.
4 § after the seizure has taken place pursuant to Chapter 3. section 6, property not
sold without the debtor's consent until the enforcement order has become final
force. The same applies, if the attachment has occurred due to rash or
any decision on an order for payment or assistance and the debtor
have searched the recycling or appealed.
Movable property which has significant value or immovable property may not in
otherwise be sold without the debtor's consent, unless the enforcement order has
become final or may be executed as final judgment.
Personal property hurriedly falls in value or require costly care
shall notwithstanding the first and second subparagraphs to be sold as soon as
possible. Law (1990:748).
5 § has third party or applicant pursuant to Chapter 4. 20, 22 or 26 §
before bringing a case, distrained assets not without third
the man's consent be sold before the dispute has been settled or,
Once the order has been given to a third party, the time for bringing proceedings has
expired. Sales, however, may take place, if it can be accepted that the dispute is not
affects the purchase price in significantly or if the property is such that
referred to in the third subparagraph of paragraph 4 of this chapter.
Ongoing in other cases a trial if the foreclosure property,
enforcement authority give it deferred the sale as appropriate
of the circumstances.
6 § when the seizure has taken place at the estate, the estate may not without the succession
consent be sold before one month has elapsed from the time the probate
solemnized or time for holding expired or, if the nest
managed by the receiver, prior arrangement has been made with
the creditors. Sales, however, may take place, if the applicant has special
preferential rights in such property on other bases than the attachment or if the property
is that referred to in the third subparagraph of paragraph 4.
When the share of the estate has been imposed, should not wait for the parcel, if causes
undue delay.
Article 7 special provisions regarding barriers to the sale of immovable property
see Chapter 12.
Interest in property
section 8 Has been some seizure of property belonging to share two or
multiple and is the law (1904:48 s. 1) if applicable, the Supreme Court may
enforcement authority at the request of the applicant, the debtor or other
partner order the entire property shall be sold. When any of the said
interested parties have made such a claim, the other shall be given the
opportunity to comment on the claim. In the case of obstacles
the sale applies to 6 and 7 of the law on the Supreme Court.
The first paragraph does not apply, if the percentage share in respect of the claim without the inconvenience,
be collected for itself. Is so not the case, apply the first subparagraph in the case of
both the recovery as sales of the entire claim.
§ 9 am awarded damages claim for sale referred to in section 8, the whole property is considered
foreclosure. The sale should not take place before the decision has become final,
unless the property is referred to in the third subparagraph of paragraph 4.
Produced non-claimant referred to in section 8 or win such a claim is not
acclaim, the attached the share be put up for sale in the
arrangements for compulsory sale of seized or, in
question about the proportion of the claim, be recovered when it can be done. The same applies, if the
claim referred to in section 8 have been approved but the sale of the entire property
or the recovery of the whole of the claim is not going to happen.
The third party's right to payment
10 § when the seizure has taken place of the vessel other than a registered ship or
goods in vessels or aircraft which are not registered or goods in
aircraft, the creditor whose claim is connected with maritime liens or
Air mortgages on the property, the right to receive payment from the estate, if he
to report their claim of enforcement authority before the property is sold
or, if the sale occurs during the hand, at the latest when the distribution shall be
rooms.
Creditor, that have made the notification referred to in the first subparagraph may, if his
the right to payment is undisputed or confirmed, request that the property is sold
for his claim. Such a request has been made, the procedure may not
be closed because the issue of the sale of the applicant's execution
the claim expires.
section 11 of the Creditor whose claim is joined with the lien or
liens in foreclosure property, is obliged to take early repayment
in the order specified in chapter 13. However, he is not obliged to refrain from
their mortgage or liens, but that his claim will be paid, if not
the sale or, in the case of foreclosure, debt collection is done for
claim with equal or better right.
section 12 of the Creditor whose claim is joined with preferential rights in foreclosure property
due to registration of boat building, has the right to have
payment from the estate, if he reports his claim under
section 10 of the first paragraph.
section 13 a creditor whose claim is joined with the chattel in
foreclosure property, are entitled to receive payment out of the property, if
creditor to report their claim of enforcement authority before
the property is sold. If the sale takes place in the hand or foreclosure
debt driven into or sale not otherwise needed,
made the notification at the latest when the distribution is to take place.
However, the applicant will prevail to the extent that payment to a
creditor referred to in the first subparagraph is unnecessary to ensure
the creditor and those who have less seniority in the property on
because of the chattel. Examination shall take into account also
to safety as the creditor otherwise has the property that
belongs to the debtor. Law (2008:991).
14 repealed by Act (1994:480).
15 § Sold property Executive during bankruptcy, payment shall
deleted for the insolvency costs which, in accordance with Chapter 14. section 18
Bankruptcy Act (1987:672) may be taken out of the property, if the cost
notified under the provisions of section 10 of the first paragraph.
Where property is sold by way of execution during the bankruptcy or foreclosure claim
operated under bankruptcy, also a creditor, whose claim is
associated with preferential rights according to section 10 of the Act förmånsrätts
(1970:979), the right to receive payment from the estate, if he reports
his claim of enforcement authority before the property is sold
or, if the sale occurs during the hand or foreclosure claim
driven into or sale not otherwise required, at the latest when
distribution is to take place. Lag (2003:531).
section 16 on the right to payment when a registered ship, registered
aircraft, encumbered parts for aircraft or real estate
has been imposed, the provisions of 10-12 Cape.
Regarding the right to payment of the surplus, when the receivable has not been notified in
time, there are provisions in chapter 13.
Suspension of enforcement
section 17 of the execution shall be suspended if the accrued funds sufficient to
cover the applicant's claims and receivables with equal or better the right to
payment out of the funds and the cost which must be taken out of the case.
Way of derogation from the first subparagraph arise out of paragraph 10(2), and of 10
Cape. section 5, Chapter 11. 1 and 2 sections and 12 Cape. section 13.
Assistance after sale
section 18 When foreclosure property has been sold, the buyer is entitled, if necessary, to get
the assistance of enforcement authority to come into possession of what
He has acquired. In doing so, shall apply mutatis mutandis the provisions of 16
Cape. 2-9, paragraphs 11 and 12.
Specific provision with regard to the General objectives of the programme
section 19 of the Provisions in section 3 does not apply in the General case. In such a case,
sale of seized property be effected without delay, if not barriers faced by
or deferral is provided by the enforcement authority.
Chapter 9. The sale of movable property in General and recovery of
Foreclosure claims etc.
General conditions of sale
1 § Seized movable property sold at public auction or by private contract. For
sale under the terms of special circumstances under section 8.
The Swedish Enforcement Administration may uppdraga to the other to hold the auction.
This chapter does not apply to such chattels referred to in Chapter 10 or 11.
Selling at auction
section 2 of The auction shall be published in good time and in an appropriate manner.
If it can be predicted that a meeting needs to be held for
allocation of the purchase price, the notice must contain
a statement of the meeting.
The applicant, the debtor and other known interested parties whose rights are affected
of the sale shall be informed in good time, particularly, if not
a notification is obviously unnecessary. Law (2014:151).
section 3 of the auction, the bailiff, when reason exists,
Please provide a brief explanation of what has occurred in the case.
Further, when there is reason, the creditor is entitled to
payment from the property are encouraged to lodge his claim as well as the conditions
for sale are listed.
4 § a bid may be rejected, if it is likely that a
significantly higher purchase price can be achieved.
If a third party handles mortgages or liens on the
foreclosure property and the property to be sold for debt with lower
right, the sale should be done only if the purchase price is enough
to the payment of the third man's claim.
Although the first and second paragraphs, should a bid be accepted, if
all relevant interested parties permit. Law (2014:151).
paragraph 5 of the purchase price for the property to be paid immediately after the
that a bid has been accepted. Enforcement authority may, however, provide
deferred payment except for down payment.
Such property shall be withheld until full payment is made.
If the purchase price, or a deposit is not paid immediately after
the bid has been accepted, should the property be put up on
new.
If the grace period has been granted, the bid invalid, if full payment
not made within the prescribed time limit. Law (2014:151).
section 6, if there be no bid accepted and completed
by purchase price or down payment to be paid immediately,
a new sales effort be made, unless the applicant
waives it. The same applies, if a bid has been
invalid under paragraph 5 of the third paragraph.
If two auctions have been held, but that the property has been
sold and there is no reason to suppose that the property can
sold within a reasonable period of time, a new sales do not attempt
be made.
If a new auction is to be held, the 2-5 paragraphs. Notification of a
the claim made for an auction also applies to a
later the sales effort.
If a new sales effort should not be made, should
the attachment be lifted. However, this does not mean that have
earned or received on account of the already adopted
measures. Law (2014:151).
7 § When a new auction is held since the bid has become invalid
under paragraph 5 of the third subparagraph, the down payment can be used to
payment of court costs of the previous auction
and for the care and management of the property from the time the bid
were invalid until the new auction is held. If
the purchase price for the new auction is less than the bid
has been accepted by the former, to the remainder of the deposit
be used to cover the difference. What does not need to be in
claims to be returned when the purchase price for the new
the auction has been paid. Unless the property is sold at the
new auction, the entire deposit is forfeited.
If a new auction is not kept, the down payment can be used to
payment of court costs that have not come to
advantage. What does not need to be called to be returned.
Law (2014:151).
Sales in hand
8 § foreclosure property should be sold under the hand, if it is likely that higher
the purchase price can be achieved thus and such sale otherwise is
fit for purpose. The applicant, the debtor and other known interested parties whose right
depends of the sale shall be given an opportunity to comment on the matter,
If reason exists.
Sales, however, may not take place during the hand, if the property adheres for naval
or lien or uncertainty exists about this and it is not known who
claiming such lien or where he is staying.
section 9 before the property is sold during the hand, tenders shall require. In the case of
the terms of sections 4 and 5 apply.
Left not tender is accepted, the auction should be discontinued. However, this does
No, if the applicant refrains from there or if the auction has been held in the past
and withal, it is not necessary to suppose that property can be sold in
a reasonable period of time. Shall not be held again, try sales applies to section 6 of the fourth
paragraph.
The purchase will be invalid due to the fact that the full payment is not made within
the prescribed period, the provisions in section 7. What is being said about the auction in
paragraph 7 of the first paragraph also applies to sales made during the hand.
Sale of property held under the subject if
withdrawal right
section 10 Has been seizure of property of the debtor
acquired on credit subject to readmission agreements the right of
the creditor, the property be sold only if the purchase price
propose to the payment of the creditor's claim, or
sales by the creditor's consent to the proceedings takes place with
subject to his or her right under the agreement.
The creditor's claim is determined under section 36
the consumer credit Act (2010:1846) or under paragraph 5 of the law
(1978:599) hire purchase between traders and others. Is
None of these laws applicable to the contract, shall be determined
the claim is nevertheless under the latter section, in which case the adjustment
may be made according to what is equitable.
We sell subject to creditor's right,
replying in kind the person acquiring the property instead of
the debtor of his obligations under the contract.
Law (2010:1848).
Recovery of seized claim
section 11 on the foreclosure claim is due, shall
enforcement authority without delay request primarily to pay
his debt to the Agency.
Pay not primarily voluntary, enforcement authority
good claim, if the enforcement order is located.
What is provided in Chapter 4. section 23 of the first subparagraph may also be applied when
primarily fails to pay foreclosure claims without uncertainty
advises on the stocks.
section 12 's foreclosure claim not due,
the Swedish Enforcement Administration negotiate contracts with primarily for early
payment of the claim and whether the reduction in the claim amount
may arise thereof.
section 13 May not be seized claim within a reasonable time, it may be sold.
After attachment of lien, etc.
section 14 When Lien in the ship or property has been seized, the
mortgaged property be taken into the claims, the applicant contends that in a
month from garnishment.
Have the injunction granted in accordance with Chapter 4. section 23 of the second subparagraph, the decision
that the property is not notified before the dispute has become
final decided, unless the Court finds that the obstacle not meets.
When the bailiff has announced the decision to the committed
the property is used, it is considered that the foreclosure.
section 15, the applicant has not, within the time limit referred to in paragraph 14, contends that the
the mortgaged property shall be taken, should the mortgage deed
pantförskrivas to him.
Mortgage loans are made by the bailiff to the applicant
issuing the certificate that the mortgage deed constitutes a pledge for his claim and submits
the mortgage deed or, if other than the owner of the mortgaged property holds
This informs the holder of the pantförskrivningen. In the notification
shall state that the holder may not disclose the plot, to the detriment of
the applicant. Interest in Lien accruing to the part-owner of the mortgaged property
do not pantförskrivas.
The provision in paragraph also applies in respect of
mortgaging the mortgage deed.
section 16 of the provisions of §§ 14 and 15 also applies when debt securities
encumbrances on aircraft or spare parts for the aircraft has been imposed in
the owner of the mortgaged property.
Mortgaging mortgage document includes non-personally
payment responsibility under the Act rests with the procedure.
10 Cape. Sale of registered ships
Introductory provisions
section 1 of the Seized ship entered in the ship register ship part is sold on
public auction. Law (2001:377).
section 2 of this chapter does not apply to the sale of the stake in
or conditional right to the ship.
Deadline for sale
paragraph 3 of the Seized ship should be sold within four months from the attachment or, in
cases referred to in Chapter 4. section 27 or 8. section 1, third paragraph, from the
to request for sale come in to the enforcement authority, if not
barrier meets or deferral is granted in accordance with Chapter 8. section 3.
Deployment and connection right
section 4 of the Creditor or other whose right may depend on the ship's
the sale may trigger the applicant. He thereby in the applicant's
place.
Those who want to trigger the applicant must, before the ship was sold, to
enforcement authority pay exekutionsfordringen and incurred
the court costs.
paragraph 5 of the Creditor whose claim is connected with maritime lien on the ship,
request that this sold for his claim, if his right to payment is
undisputed or confirmed. The ship belongs to the bankruptcy estate, also a creditor,
whose claim is joined with a lien by virtue of the mortgage,
liens or preferential rights according to section 10 of the Act förmånsrätts
(1970:979), such power.
Should a fee or other charge for the Administration in bankruptcy
deleted from the ship, the liquidator may request that it sold for the
the claim.
If a creditor whose claim is connected with maritime lien on the ship,
requested that it sold for his claim, the proceeding may not be closed
because the issue of sale of other creditor or insolvency
Bill is due.
As regards the right to trigger a creditor or bankruptcy estate who have joined
According to the first or the second subparagraph shall apply the provisions of paragraph 4.
Measures before the auction
section 6 of the Auction shall be published in good time and in an appropriate manner. Proclamation
shall include an indication of meeting for the allocation of the purchase price.
The holder of the claim should be taken at the auction shall in
applications are invited to register their right to the enforcement authority
recently at auction.
7 § at least thirty days prior to the auction notifications of
the sale shall be sent to the applicant and to the owner and to the known
creditors who have a maritime lien, a lien because of mortgage
or liens. Becomes such a creditor known later, shall
notification shall be sent immediately to him. Has the register authority
indication of address, shall be used. Notification to the foreign city
shall, if possible, be sent by airmail. Act (1994:480).
section 8 Has the auction has not been announced as specified in paragraphs 6 and 7, the
can be changed and new time be discontinued, if the deficiency is essential and can not be
be solved otherwise.
Negotiation and property ownership
§ 9 At the beginning of the auction, the bailiff shall provide an
short presentation of the contents of the documents and of the steps taken
measures. The holder of the claim should be taken at the auction shall
are encouraged to report it. Has such a claim been notified in
enforcement authority prior to the auction, it shall be announced.
At present, interested parties shall be given the opportunity to comment on the reported
claims and the conditions applying to the sale.
Once the hearing has ended, the established thing ' register.
section 10 of the cause register included, in addition to exekutionsfordringen,
the claim connected with maritime liens, liens due
mortgage or liens as well as court costs.
If the ship belonging to the bankruptcy estate, occupied also fees and other
cost of the ship's management during the bankruptcy. Is the ship
also seized, occupied the claim to be paid with preferential rights
According to section 10 of förmånsrätts Act (1970:979).
With the claim connected with the lien because of mortgage
also includes the claim for which the ship has been used under 9
Cape. section 14 as well as the right to the payment because of the owner's mortgage.
Act (1994:480).
section 11 of the claims is occupied since the precedence established by law.
Interest and other biförpliktelse is occupied before the principal, if
not the creditor seeks the other.
Court costs be included prior to exekutionsfordringen.
The claim is occupied though it is dependent on conditions or dispute. Is
Lien for claims subject to the searched mortgage is granted, is occupied
the claim of the priority accorded to it if the mortgage
is granted.
Once the sale has been requested by the trustee in bankruptcy, the bankrupt is deemed to
as applicants without preferential rights, unless otherwise follows from § 5.
section 12 of the receivable is occupied with the amount for which it is estimated
the date of the allocation meeting will take place. With regard to the
claims with maritime lien shall be exercised as prescribed in Chapter 3.
section 41, second subparagraph, second sentence, the maritime law (1994:1009). Lien
because of the mortgage may not be enjoyed for more than pledge letter
amount plus the allowances referred to in Chapter 3. section 4 of the maritime law. Is less than
the claim amount deposit letter, occupied the remainder as owner-occupied mortgages.
If the ship comes to mortgages that are not held by the owner and any
the claim for which the mortgage deed is security has not been notified,
the letter included a pledge amount and another 10% of this amount
estimated addition.
Owner occupied mortgages without allowances referred to in Chapter 3. section 4 of the maritime law.
Act (1994:1010).
13 § otherwise provided, in substance, the register
1. the total amount of assets with better right than
exekutionsfordringen and duty costs (the amount of protection) as well as
the claims that are protected,
2. the minimum bid that must be delivered to the ship under section 14 shall be
sold,
3. payment terms.
Terms and conditions of sale
paragraph 14 in the sale, the amount of protection covered by the purchase price of
the ship and other means available.
section 15 of the purchase price shall be paid in cash. With the consent of the creditor,
whose claim under point register is connected with a lien on the
because of mortgage, may be what falls within the purchase price and
deposit amount in the letter's innestå tax credit on the purchase price, if it is not
question about such a claim referred to in the third paragraph of section 11.
In substance, the register should be noted, if the claim may not be innestå.
section 16 of The crying in the ship is obliged to leave after inropet
a deposit equal to one-sixth of the amount of the purchase, however,
not less than the court costs to be paid out of the ship.
The deposit must be paid in cash, if not inroparen set
Security for the amount. Which security may be accepted also claim
associated with mortgages due to the mortgage of the ship,
If it is covered by the purchase price and can be considered reliable.
The State, municipalities, county councils and municipal unions need not leave
down payment but will be in the cases referred to in section 22
liable next to the corresponding amount.
Unpaid portion of the cash purchase price shall be paid within
at the meeting in accordance with section 6 have been published for
the purchase price allocation. When the purchase price has to be fully
been paid, the buyer may come into possession of the ship.
The buyer becomes personally liable for what in
Agreement are recognized on the purchase price and the former
the owner will be free from liability therefor. Law (2007:277).
section 17 at the request of the interested parties whose right is because it cannot
the sale, in so far as it concerns other than the payment of a deposit and the
remaining cash purchase price and the buyer's right to come in
possession of the ship, be effected under conditions other than that set out in this
Chapter. Protection amount may be increased even if the creditor that does not have
requested sales opposes it.
Auction
section 18 Before the ship called the contents of the statement shall be submitted for
cause register. Should disclose that the ship called
subject to inrop shall be examined according to § 19.
19 § inrop enforcement authority shall, before acceptance, if, in paragraph 14 of the
specified condition is met. Even if this is
the relationship may not be inropet, if it is likely to significantly
higher purchase price can be achieved.
Notwithstanding the first subparagraph, the inrop could be acceptable if all the relevant
case owners permit. the applicant can admit that inrop be accepted although
court costs do not have been covered.
Inrop may not be accepted against the applicant's opposition, if exekutionsfordringen
are not covered.
section 20 Since inrop has been accepted shall inroparen immediately leave
the required down payment. Enforcement authority may, however, make
a short break in the proceedings to prepare inroparen opportunity
to raise a deposit, if the residence can not be accepted cause
considerable inconvenience. Left no downpayment, the ship called at
new.
Fulfils its payment obligation under non-inroparen section 16 of the fourth
subparagraph inropet is invalid.
section 21 takes place not inrop accepted and completed by deposit
left, the new sales effort be made, if the applicant so requests within
one week of the auction. Has inrop become invalid according to section 20 of the other
subparagraph, new sales effort be made, unless the applicant dispenses
from there.
Have two auctions have been held but that the ship has been sold and is missing
reason to assume that the ship can be sold within a reasonable time,
enforcement authority shall reject the request for new sales effort.
If the new auction is to be held, the provisions of §§ 6-20. Notification of
the claim made for an auction also applies to later auction.
Shall not be held again, sales attempts the attachment be lifted. This
does not mean that have accrued or received by reason of
measures already taken.
section 22 when the new auction is held since inrop has become invalid under section 20
second subparagraph, the deposit be used to the extent necessary
to a total of the same amount shall be achieved at the last auction
plus interest, calculated in accordance with section 5 of the relatively interest Act (1975:635), from exposed
day of purchase price allocation until the new date for such
distribution and to even court costs by reason of the
new auction should be covered. This applies even if the changed circumstances
have entered. What that does not need to be taken into the claims shall be returned when the
new inroparen has fulfilled his payment obligations. The ship will not
sold at the new auction, the entire deposit is forfeited.
Held no new auction, the down payment can be used for payment of
the court costs that have become useless. What that does not need to be
the claim shall be returned.
section 23 of the buyer shall carry out their obligation under section 16 of the fourth
paragraph, even if the auction is appealed.
Notwithstanding that the auction be appealed, the buyer may come into possession
of the ship, unless otherwise appointed pursuant to chapter 18. 12 or 19 §
before he has become entitled thereto. He gets because of such
appointment not come into possession of the ship and is the obstacle not lifted within
three months from the appointed day for the purchase price allocation, he
withdraw from the purchase and recover what he has paid plus accrued interest, if
He makes the notification thereof in the Swedish enforcement authority while the obstacle continues
made up.
Specific provision with regard to the General objectives of the programme
section 24 of the provision in paragraph 3 does not apply in the General case.
11 kap. Sale of registered aircraft, etc.
§ 1 in respect of the forced sale of registered aircraft and
encumbered spare parts of aircraft shall apply 10 chapter, unless otherwise
is provided below.
In the case of some foreign aircraft or encumbered parts for
such aircraft shall also apply the law (1955:229) in respect of
Sweden's entry to the 1948 Convention concerning international
the recognition of rights of aircraft.
The provisions of this chapter does not apply to the sale of a share in or
conditional right to aircraft or spare parts.
section 2 What about maritime liens in Chapter 10. 5, 7 and 10 section shall
Instead, apply air lien.
Notification of the auction according to 10. section 6 shall be made at least six
weeks in advance. Notifications in accordance with Chapter 10. section 7 shall be sent
in registered letters, at least one month before the auction. Contains
the enrolment register of aircraft indication of address,
It can be used.
What is said in Chapter 10. section 8 applies even when the provision
in the second paragraph have been infringed. Act (2004:84).
2 a §/expires U: 2016-04-01/
What is said about the holder of the claim of 10. 6 and
9 section shall also apply to the holders of the right that must be exercised
at the auction. What is said in Chapter 10. section 7 on notifications
shall also apply to the known holders of rights to be
observed at auction.
In substance, the register is occupied, except as provided in Chapter 10.
section 10, even access right is registered or for which
registration was sought.
Instead of those provided for in Chapter 10. section 11 of the first and
third subparagraphs shall 12 Cape. section 26 of the first and third paragraphs
applied. Right is occupied without any amount specified.
Act (2004:84).
2 a section/entry into force: 04/01/2016
The holder of the claim of 10. 6 and
9 section shall also apply to the holders of right which should be exercised
at the auction. It is said in Chapter 10. section 7 on notifications
shall also apply to the known holders of rights that
observed at auction.
In substance, the register included, in addition to those mentioned in the
10 Cape. section 10, including rights of use enrolled or for
which registration was sought.
In place of that provided for in Chapter 10. section 11 of the first and
third subparagraphs 12 Cape. section 26 of the first and third paragraphs
applied. Right is occupied without any amount specified.
As the holder of a right under this clause shall also
means the holder of a right under the Act (2015:860) om
international security rights in movables. Law (2015:861).
section 3 of what people are saying about mortgages and the addition of 10 Cape. 12 and 15 sections shall in
rather than apply mortgaged debt securities and interest referred to in article 19 the law
(1955:227) if the registration of aircraft. In the cases referred to in 10
Cape. 12 section is occupied, instead of 10 percent add-on, a
equivalent of an annual interest rate according to the pledged debt.
If spare parts are to be sold at the request of the creditor that does not have mortgage
of their claim, the amount of protection provided for in Chapter 10. 13 § 1 not in any case
determined higher than two-thirds of the value of the
assigned parts of the special enforcement authority has
the preparer.
In the cases referred to in the second subparagraph shall, in allocating resources, the realisation of
the one who has the mortgage on the spare parts not detrimental to creditors that are not
has the mortgage to do her right to higher amounts than the corresponding
against two-thirds of the purchase price reduced with
the court costs. Thus, in the cases referred to in Chapter 10. section 22
down payment for the spare parts to be added to the purchase price, to the extent that the
shall apply inroparen.
3 a of the access rights are protected without any particular subject, about
the right has a better right than exekutionsfordringen.
If thing register occupies a right that is not in accordance with
the first subparagraph shall be protected without reservation, shall
the aircraft was first called out without reserve the
stocks and then with such a subject. Achieved at the
later the exclamation bids covering claims with greater rights than
right, or which, without covering them, is as high as
or higher than the bid at the previous call, has bid at
the latter call takes priority. To owner's mortgages are not covered, is
not preclude the acceptance of the bid subject to the right.
Occupies thing register two or more such rights
referred to in the second subparagraph, the aircraft first called
without reservation of any of the rights and then with
subject only to the right that has best right and
after care for the increasing number of rights according to their mutual
order. In a bid to protect more rights than another bid
overrides this, if it does not lead to worse
coverage of the claim who has better right than any of
rights.
When an offer subject to a right does not cover
claims with greater rights, rights holder can protect their
right by paying the difference between the bid and the bid
without reservation of rights, or as much of the difference
needed to cover claims with greater rights.
If the right holder in the cases referred to in the third paragraph is
willing to pay according to what is said in the fourth paragraph, but it
the amount thus offered, due to several supplements
needed, not alone or in combination with other supplements
offered is sufficient for his rights to be protected,
should the aircraft called out, subject to the right and
the rights that are protected by previous bid and
other supplements that are offered.
If a creditor whose claim has not been covered by a
sure bud accepts the bid, the claim for the purposes of
second-fifth paragraphs are considered covered.
If a right holder instead of pay raises
safety, shall apply. Act (2004:84).
section 4 on sales of multiple aircraft, each aircraft is called
. Aircraft that are in the same owner's hand and responds to the same
claims shall be called together, if the owner or the creditor not
request special sale of particular or specific aircraft. Special
thing the owner list must be drawn up for property called out for themselves.
With regard to the claim for which several aircraft responds, in
the list, it should be noted that smaller amount than indicated in the list
may fall on the estate as a result of the purchase price for
other property provide access to the payment of the claim or part
Hence.
The provisions of the first subparagraph shall also apply in the case of sale of
aircraft and encumbered parts. Aircraft and spare parts,
though not called common, whether the claim is covered by a creditor who is not
have mortgage on spare parts.
Spare parts not called in common with aircraft may, at the request of
the owner or a creditor called in separate entries, subject to
the sale of such a post will only be made if the sale, taking
to the bids made for other entries can be accepted under 10 Cape. § 19.
section 5 covers the mortgage more aircraft or aircraft and
spare parts, may claim innestå under 10 Cape. section 15 only if all
the mortgaged property has been seized and sold at common
exclamation.
Instead of 10. section 16 of the sixth subparagraph 33 § law (1955:227)
If you type the correct aircraft.
12 Cape. Sale of real property
Introductory provisions
section 1 of the Seized real property is sold at public auction, unless otherwise follows from
of 15 or section 57.
section 2 What's in this chapter about the claim associated with mortgages
also applies to the claim for which the property has been used in accordance with the
Chapter 9. section 14 and, if not otherwise provided by special provisions in
the chapter, entitled to the payment because of the owner's mortgage.
Preparatory actions
paragraph 3 of the Seized property must be described and valued as soon as it is
appropriate having regard to the further procedure. Accessories shall
specified in the description and valued for itself insofar as it is necessary to
reference to their value or for some other reason.
If the property that is mortgaged in common with other property shall be sold
and particularly the rateable value is missing for any of the properties, shall be
and one of them is valued.
If necessary, qualified person hired for description and rating.
section 4 of the property's owner shall, at the request provide the documents
showing his title or earns to enlightenment about rights
trouble property or if the accessories for this and indicate which ones
have the claim or right which should be exercised by the
sale. Enforcement authority shall also otherwise search
purchase inquiry in these respects and strain
right form and the consideration paid.
5 § lien valid in property and not be mortgaged,
detained by the enforcement authority. Since the mortgage deed has
taken into custody, it must not without authority pantförskrivas
State.
In the case of data, Lien should enforcement authority instead
request the State surveying authority decides whether to
such registration measures set out in paragraphs 7-8 teams
(1994:448) If a pledge letter records must not be taken. When such a
decision, the mortgage deed is not used
pledging without Enforcement Authority.
Law (2008:542).
Management of seized property
section 6 of the owner of the seized property must not reduce its value by
transfer accessories or by other than the House needs felling forests,
carry on gravel or quarried for their rock or otherwise exploit
natural resources or transform property. Unless otherwise follows from 8
or section 9, he may otherwise benefit from regular returns to its
the property has been sold and will be entered by the buyer. Such right
There is, however, not in terms of growing crops or other rates of return
has been declared to be included in the sale.
The owner shall not grant right which goes beyond what is permitted
under the first subparagraph. Enforcement authority may forbid him to
lease right which may infringe upon the property's sale.
At the request of the owner, the Swedish enforcement authority may grant derogations from
the first or second subparagraph, in so far as it can be done without infringing
attachment the applicant's rights and is otherwise appropriate.
section 7 at the request of the creditor, enforcement authority, if necessary, take care
If the accessory to the property.
section 8 lease fee, rental or other returns that are due to
payment during the proceedings shall, if a creditor requests and reasons
exist, be collected by the bailiff or sheriff who
authority ordains. The bailiff shall in such a case without
delay notify the debtor ban paying for other than
authority or sysslomannen.
section 9, it is to be feared that the owner takes poor care of the property or possession
It is in contravention of section 6, or that the property otherwise deteriorate in major
so far, the bailiff at the request of the creditor, order the Sheriff
to omhändertaga and manage the property.
section 10 of the lease fee, rent and other returns that Sheriff receives shall
are reported to the bailiff at the time that the authority
determines.
Deadline for sale
section 11 of the Seized property must be sold within four months from the garnishment
or, in the cases referred to in Chapter 4. section 27 or 8. paragraph 1, third subparagraph,
from the time the request for sale come in to the enforcement authority,
If not barriers faced or deferral is granted in accordance with Chapter 8. section 3. Deferment may
not without serious reasons be granted beyond one year from that date.
Deployment and connection right
section 12 of the Creditor or other whose right may depend on the
the sale may trigger the applicant. He thereby in the applicant's
place.
Those who want to trigger the applicant shall, before the property has been sold, to
enforcement authority pay exekutionsfordringen and incurred
the court costs.
paragraph 13 of the Creditor whose claim is joined with the preferential right in
the property referred to in paragraph 6 of 1 or 7 § 1 or 2, the law förmånsrätts
(1970:979), can request that the property is sold for his claim, if
his right to payment is undisputed or is evidenced. The property belongs to
bankruptcy estate, also a creditor, whose claim is joined with
mortgages on the property, such power.
The trustee in bankruptcy may request that the property is sold for the right
for payment that comes with an owner's mortgage on the property.
The trustee may also request that the property is sold for his claim
regarding the fees and expenses of the property's care during
the bankruptcy to be paid out of the property, if the debtor is
a legal person.
Want to join the creditor pursuant to the first subparagraph, he shall notify the
of enforcement authority at least two weeks before the security meeting.
If a creditor whose claim is joined with the preferential right in
the property referred to in paragraph 6 of 1 or 7 § 1 or 2 förmånsrätts Act, has
requested that the property is sold for his claim, the proceeding may not be added
down because the issue of sale of other creditor or
on behalf of the bankrupt estate.
In the case of the right to bail out those who have joined under the first or
second subparagraph shall apply the provisions of section 12. Act (1994:444).
Sale of real estate accessories
section 14, it is likely that accessories can with advantage be sold individually without
simultaneous sale of the property, shall
the Swedish Enforcement Administration put out sitting for the examination of the question. To
meeting of the Swedish enforcement authority shall summon the applicant, the
owners and everyone of authority known holders of mortgages on
the property or other rights that may be affected by the sale.
Will be present at the meeting of interested parties agree that the accessories should
sold separately, appoints the bailiff in accordance therewith, if not
special reasons causing the other. Achieved no consensus on specific
the sale, the enforcement authority shall order thereupon only if
exceptional circumstances.
There is dispute about accessories, apply the provisions of Chapter 8. § 5.
section 15 of the special sale of accessories is carried out according to the provisions of
sale of seized personal property in General.
Accessories sold separately ceases to belong to the property, even if the
It is separated from this.
section 16 of what is earned through special sale of accessories
apply those claims with a right in the property of the
priority between those applicable by law. Whoever has claim with
mortgages on the property may waive payment without reducing the
his right in the property. The holder of the claim of lien on the
because of common mortgage may not waive payment of the
accessory products under different condition than to consent to
the waiver has been granted by both the owner of the rest of the mortgage
troubled real estate as the holder of a lien which applies in a
or more of the properties with equal right as or worse right than
the mortgage.
Waiver of conditions at the property's sale on
the auction will close at security meeting and then not
recalled.
section 17 if the funds earned through special sale of accessories
the applicant proposes that entertain as well as those who have greater rights and not have
waived payment, the procedure shall be suspended, unless the property
is avträdd to bankruptcy and the administrator requests that the proceedings be
continue.
Measures prior to sale at auction
section 18 of the time and place of the auction of the property is determined by the
enforcement authority.
The property's owners and holders of the right to property is
obliged to let the property appears at the appropriate time.
§ 19 Of the negotiation of the sale shall watch meeting held
either on the day of the auction or appropriate date prior to this.
section 20 of the auction shall be published in good time and in an appropriate manner.
The notice shall specify the security meeting, and
meeting for the allocation of the purchase price.
The holder of the claim or right which should be exercised at the auction
shall in the notice are invited to register their right to
enforcement authority at the latest at the security meeting.
Has enforcement authority decreed on special sale of
Accessories, the proclamation not issued until the sale is won
the force and the purchase price has been paid or the issue of such
the sale has been cancelled.
section 21 of the applicant, the owner and known holders of claims and
rights should be exercised at the sale shall, in good time, particularly
be informed about this.
Have connection according to section 13, shall be in accordance with further advice
the first paragraph.
section 22 Has not been advertised the auction and meetings as provided in 20
and 21 sections, they should be suspended and new times should be discontinued, if the deficiency is
essential and cannot be eliminated by other means.
Watch meeting
section 23 of the Swedish enforcement authority at the guard sitting shall submit a
short presentation of the contents of the documents and of the steps taken
measures. The holder of the claim or right which should be exercised when
the auction should be advised to report it. Have such a claim or
rights notified of enforcement authority before the meeting, the
will be notified.
At present, interested parties shall be given the opportunity to comment on the reported
claims and the conditions applying to the sale.
If the accessories have been sold separately, are treated in particular how the held
the purchase price of the accessory to be used, in so far as it affects
the terms of the sale.
Cause list of shareholders
24 § When the hearing before the security meeting has ended,
established thing ' register.
section 25 of the cause register is occupied in addition to exekutionsfordringen
1. the claim to be paid with preferential rights pursuant to section 6 or section 7 1 1
or 2 förmånsrätts Act (1970:979) and due for payment
last modified on the entry date shown in section 36,
2. the claim connected with the lien on the property,
3. the usufruct, easement or right into electric power which trouble
the property, if that right is registered or is based on written
document that is available or relate to the rental of a residential apartment in
a property that is taxable as apartment buildings unit, if the tenant
has entered the apartment, though not such a right which shall consist
regardless of the property's sale,
4. the court costs.
If the property belongs to the bankruptcy estate, occupied also fees and other
cost for the property's management during the bankruptcy. Act (1994:480).
section 26 claims and rights is occupied after the precedence that apply
According to the law. Interest and other biförpliktelse is occupied before the claim
the principal, if not the creditor seeks the other.
Court costs be included prior to exekutionsfordringen.
Claim or right be included even if it is dependent on conditions or
dispute. Is a lien for claims subject to the searched mortgage
granted or are entering the right sought but not granted,
admitted the claim or right with the primacy accorded to the
If the mortgage or the registration is granted.
Once the sale has been requested by the trustee in bankruptcy, the bankrupt is deemed to
as applicants without precedence, if no connection has been made under section 13.
paragraph 27 of the Claims is occupied with the amount for which it is calculated
the rate on the closing date, subject to the limitation that can
follow that pledge may not be enjoyed for more than pledge letter
amount plus supplements according to Chapter 6. section 3 of the land code. Is less than
the claim amount deposit letter, occupied the remainder as
owner mortgage.
If the property applies to mortgages that are not held by the owner and
any claim for which the mortgage deed is security not
been notified, included a pledge amount of letter and one to ten
per cent of this amount calculated addition.
Owner occupied mortgages without extensions according to Chapter 6. section 3 of the land code.
If a pledge letter amount is determined in foreign currencies shall, in case of
the application of the first and second subparagraphs, the deposit amount the letter
plus supplements, be converted into Swedish kronor. Before conversion
should it be made a premium of five percent on the amount of deposit letter
plus supplements. Turned on, however, should not lead to any increase in
of the amount listed as owner. Act (2004:448).
section 28 of the Right be occupied without any amount specified.
section 29 otherwise provided, in substance, the register
1. the total amount of assets with better right than
exekutionsfordringen and duty costs (the amount of protection) as well as
the claims that are protected,
2. to what extent retained the purchase price for the accessories shall be used for
the payment of claims which are included in the list,
3. the lowest bid that must be delivered to the property under section 32 shall
get sold,
4. the rights referred to in paragraph 33 is protected without
subject or under section 33 shall be reserved at the
the sale,
5. terms of payment and access day.
Of the claim applies only in the proportion of the property shall, for the purposes
of the first paragraph be included as much as taking into account unit
the size and the location is covered, when other receivables with better
right than exekutionsfordringen and court costs are fully
covered.
The purchase price for the accessories must not be used for payment of
the claim in the amount of protection in a broader subject than specified in the
cause register.
section 30 of the cause register shall be borne
1. the effects of non-termination of the lease or rental agreement in case
referred to in paragraph 46 and the right to extended contracts or
damages according to the law, there is the leaseholder or tenant if he
get laid off because of the property's sale,
2. the right to remain as a tenant that according to law, there is
housing management,
3. the right to remain on the property as the enforcement authority under section 36
the third paragraph has admitted the owner.
section 31 Of the sale under section 37 shall be deviating conditions,
established thing register accordingly.
Terms and conditions of sale at auction
32 § at the time of sale, the amount of protection covered by the purchase price of
the property, retained the purchase price for the accessories to the extent that the under
thing register must be used for payment of claims within the
the amount of protection, retained earnings and other means to
available.
33 § leasehold that has been included in the sale are protected without
particular subject. Different access rights and easements and right of
electric power is protected with no particular subject, if that right has
better right than exekutionsfordringen.
In cases other than those referred to in the first subparagraph, usufruct, easements
and access to electrical power, especially reserved for, if it is missing
reason to assume that the right charged property to noteworthy
injury to the holder of the claim with better right. In that regard, the right to
payment due to the owner not be regarded as a mortgage claim.
Provisions relating to restrictions on the right to bring an action against a decision
regarding the reservations referred to in the second subparagraph, see chapter 18.
Right which is not referred to in the first subparagraph are protected without special
subject and nor has reserved in accordance with the second subparagraph may be
protected by subject at the auction in accordance with section 39.
section 34 of the tax credit on the purchase price of the property, the innestå
the principal amount of such claim in the amount of protection that is associated with
Lien and not according to the thing register shall be paid with
the purchase price for the accessories. However, this does not, of
1. the claim is due at the latest on the closing date, and
creditor claims in cash,
2. the claim is that referred to in the third paragraph of section 26 or
3. the claim is associated with mortgages only to share in the property.
For owner-occupied mortgage, even if it falls within the protection amount, cash
payment is always due.
To the extent that the deduction shall be made under the first subparagraph shall
the purchase price for the property to be paid in cash, unless inroparen shows
He has agreed otherwise with the thing register is
transferee. If the list is uncertain who a
amount is added, it may not be offset.
35 § anyone who cries out in the property is obliged to after inropet
leave a deposit equal to one tenth of the purchase price,
but not more than that according to § 34 shall be paid in cash or
less than the court costs to be paid out of the
the property.
The deposit must be paid in cash, if not inroparen set
Security for the amount. Which security may be accepted also claim
associated with mortgages on the property, if it is covered by
the purchase price and can be considered reliable.
The State, municipalities, county councils and municipal unions need not leave
down payment but will be in the cases provided for in § 43
liable next to the corresponding amount.
Unpaid portion of the cash purchase price shall be paid within
at the meeting that under section 20 has been published for
the purchase price allocation. Law (2007:277).
36 § access day is considered the day when, according to the release
distribution the meeting shall take place. Enforcement authority may, however,
allow inroparen to take care of the property or a part thereof before the
the closing date.
The Swedish Enforcement Administration may order the delinquent return of
the property, which, under section 8 or 9 is to be paid to the authority
or sheriff and that have expired in the meantime until the day
the buyer has taken over the property, shall be applicable. If such
return otherwise payable to the purchaser, he shall report the
Therefore, the enforcement authority.
Previous owner has no other residence, the enforcement authority may authorise
him to remain on the property for less than 3 months after
the closing date.
37 section at the request of the interested parties whose right is because it cannot
the sale, in so far as it concerns other than the payment of a deposit and the
remaining cash purchase price and time of access, take place on
conditions other than that set out in this chapter. Protection amount may be increased
even if the creditor who is not himself have requested sale opposes it.
The request referred to in the first subparagraph shall be produced at the latest at the
the security meeting.
Auction
38 section At the auction shall, to the extent appropriate, taking into account the
the value of the accessories, or for any other reason, the
property which shall comply with the property and property which appears to
as a side not to follow it. What thus stated is crucial
for what the sale includes in that part. Other includes in
sales what by law is an accessory to the property. Advise
dispute about the accessories, it is reported.
Statement shall be given to the content of substance register.
Should disclose to the property called subject to
inrop shall be examined in accordance with section 40.
39 § If point register noted right as not according to § 33
the first subparagraph shall be protected without specific subject or have
reserved under paragraph 33, the property first called
without reservation if the stocks and then with such a
subject. Achieved at the recent exclamation bids covering claims with
better right than the right or who, without covering them, is as high
as or higher than the bid at the previous call, has bid on it
later the exclamation. To participating mortgage not covered constitute no obstacle to the
that bid be accepted, subject to the right.
Noted thing register two or more such rights
referred to in the first subparagraph, the property was first called out without reservation
of any of the rights, and then the subject first only for
the right has the best right and after care for the increasing number of
rights according to their order. Bid that protects several
rights than other bids take precedence over this, if not leads
to poor coverage of the claim who has better right than any of
rights.
When bids subject to right not covering claims with better
right, the right holder can protect their rights by paying
the difference between the bid and the bids without reserve the right or
so much of the difference is needed to cover the debt with better
right.
If rights-holders in the cases referred to in the second subparagraph are willing to
pay according to what is said in the third paragraph, but it thus offered
amount, as a result of several supplements are needed, not alone or in
combined with other supplements that are offered are sufficient to his
right to be protected, should the property called subject to
the right and the rights that are protected by earlier
bids and other supplements that are offered.
If the creditor whose claim has not been covered by specific bid godtager
the bid, the claim for the purposes of the first-fourth paragraphs shall be deemed to
covered.
If rights holders instead of paying the set security, it shall
apply.
section 40 of the Swedish enforcement authority shall be accepted Before inrop try, if the 32 §
specified condition is met. Even if this is
the relationship may not be inropet, if it is likely to significantly
higher purchase price can be achieved.
Notwithstanding the first subparagraph, the inrop could be acceptable if all the relevant
case owners permit. the applicant can admit that inrop be accepted although
court costs do not have been covered.
Inrop may not be accepted against the applicant's opposition, if exekutionsfordringen
are not covered.
Then 41 inrop section has been accepted shall inroparen immediately leave
the required down payment. Enforcement authority may, however, make
a short break in the proceedings to prepare inroparen opportunity
to raise a deposit, if the residence can not be accepted cause
considerable inconvenience. Left no downpayment, the property is called
out again.
In the cases referred to in section 39 shall deposit is payable for each inrop, even
If the property is to be called again. If not inropet shall comprise,
the deposit is returned.
Fulfils its payment obligation under non-inroparen 35 § fourth
subparagraph inropet is invalid.
42 § Occurs not inrop accepted and completed by deposit
left, the new sales effort be made, if the applicant so requests within
one week of the auction. Has inrop become invalid according to section 41 third
subparagraph, new sales effort be made, unless the applicant dispenses
from there.
Have two auctions held without the property has been sold and
There is no need to assume that the property can be sold within a reasonable time,
enforcement authority shall reject the request for new sales effort.
If the new auction is to be held, the provisions of §§ 18-41. Notification of
claim or right that has occurred for an auction also applies to
later auction.
Shall not be held again, sales attempts the attachment be lifted. This
does not mean that have accrued or received by reason of
measures already taken.
43 § when the new auction is held since inrop has become invalid according to section 41
the third subparagraph, shall deposit be used to the extent necessary
to a total of the same amount shall be achieved at the last auction
plus interest, calculated in accordance with section 5 of the relatively interest Act (1975:635), from
the closing date for the new date and to even
the court costs in view of the new auction will be covered.
This also applies if the property is sold subject to the right
not reserved at the last auction, or changing circumstances
have entered. What that does not need to be taken into the claims shall be returned when the
new inroparen has fulfilled his payment obligations. Gets the property
not sold on the new auction, the entire deposit is forfeited.
Held no new auction, the down payment can be used for payment of
the court costs that have become useless. What that does not need to be
the claim shall be returned.
44 section Then auction that has led to the sale of the property has
become final and the buyer has fulfilled his payment obligations
According to paragraph 35, the Swedish enforcement authority issues the Bill of sale.
Inroparen shows that he has invited on behalf of others, the Bill of sale
issued to him/her.
Some consequences of the auction
45 § Since the property has been sold, it responds not to the claim referred to in
25 paragraph 1.
Creditor who has a lien against the property's sale may not after
the buyer claim a lien on the property for a larger claim than that
are recognized at purchase price along with the committed rate relatively from
the closing date, and future damages and costs arising from
debt ratio.
The buyer becomes personally liable for what in
Agreement are recognized on the cash purchase price and the
former owner becomes free from liability therefor. In the cases referred to in section 44
the paragraph is also the one who has made inropet payment required.
46 § buyers who have fulfilled their obligation under section 35
fourth subparagraph may take up the property on the date specified for
the purchase price allocation. He is responsible for the obligations of the owner
to the extent that they be carried out after the closing date.
Want the buyer to register busy leasehold or
tenancy, that is not protected under paragraph 33 or has
reserved under section 33 or at auction,
cease, it is incumbent on him to within one month from the closing date, say
up the agreement. Otherwise, the contract against him. With regard to the
time at which the lease or rental agreement shall cease
reason of termination to what is prescribed in the case of
termination after a voluntary transfer of property.
On the right, in certain cases, the tenant or a tenant to request
renewal of the agreement or to obtain compensation in the event of termination, see
specific provisions.
47 § in the case of entitlement shall cease immediately after
the sale is subject to the following provisions.
The lease fee, rent or other consideration for the right as
due for payment more than six months or, in the case of a lease,
more than a year after the closing of the right-holder may not offset
the claim of the former owner. In the case of such amount applies nor
payment to the right holder has paid to the former owner or
other arrangement with him.
The claim that right-holders have acquired or prepayment
or settlement that has occurred after the property has been imposed,
not be relied upon as against the purchaser, if the rights-holder owned or had removed own
knowledge of the garnishment.
Concerning the right holders ' right to compensation of the previous owner, if
This right expires on the occasion of the property's sales, see
provisions of Chapter 7. 19 and 20 of the land code.
Fails to fulfil obligations of the buyer against the previous owner's
right holders under paragraph 46, concerning
obligation for the previous owner to pay the right holder or his injury
What is said in Chapter 7. section 20 of the first and third subparagraphs land code.
48 § the buyer shall carry out their obligation according to paragraph 35
paragraph, even if the auction is appealed.
Notwithstanding that the auction be appealed, the buyer may take up
the property on the appointed day, if not before that other things have
designated pursuant to chapter 18. 12 or 19. He gets because of such
writ not to accede to the property and is the obstacle not lifted within three
months from the appointed date, he may withdraw from the purchase and
recover what he has paid plus accrued interest, if he makes the notification
thereupon in the Swedish enforcement authority while the obstacle still remains.
Common encumbered real estate
49 § When any of several common mortgaged property shall be sold on
auction, the one who has the claim of lien on the basis of the common
the mortgage right to indraga other of the encumbered real estate in
the sale, if it accounts for the pledged amount or part of the
this before the real estate to be sold. Should this be sold for
the pledge case holder's claim or the claim that have equal or better
right, he may also indraga property representing the mortgage first
After the real estate to be sold.
Request for withdrawal shall be filed with the bailiff last
at the security meeting. Property owners should be given the opportunity
to comment on the claim. The security meeting and the auction shall
can be changed and new times should be discontinued, if required to the claim shall
membrane must be examined.
Awarded the claim, it is considered that the withdrawal of the property seized when the decision
will be notified. It may not be sold until the decision has become final.
paragraph About one of several common mortgaged property shall be sold on
auction, the claim of lien on the basis of the common
the mortgage be collected in thing register with the amount for which
the property is responsible in relation to the other sites. Amount
must be paid in cash, unless otherwise agreed between the purchaser and the
According to thing register is the transferee.
51 section On all properties that are bothered by common mortgage shall
sold at auction and the proportion laid down in paragraph 52 not
existence, established the common cause of ownership of the properties.
Right in any of the sites shall be considered granted in them
all. At the auction, called the properties out.
section 52 Shall jointly committed several of the properties but not all sold
at auction, the 53-55 sections.
When all properties that are bothered by common mortgage shall
sold, applies likewise 53-55 sections, if
1. the sites have different owners,
2. any of the properties by virtue of section 49 has been revoked in
the sale,
3. any of the properties only accounts for single
mortgage,
4. any of the properties were disrupted by a specific mortgage,
5. any property liability for common mortgage not relating to
inteckningens the whole amount,
6. it is claimed by the holder of such right in any of the properties
not to consist whether the property is sold, or
7. otherwise be claimed by the owner or the creditor whose right may depend
Hence.
Request referred to in the second subparagraph 6 or 7 shall be produced at the latest at the
the security meeting.
53 § Special thing owner list must be drawn up for each property
shall be sold. The list shall be established as if the sales had been requested
because of the best joint mortgage, if not
exekutionsfordringen has the better right. The claim of lien on the basis of
common mortgage is occupied for each property with the amount for which
the property is responsible in relation to the other sites. Can
responsibility subject to sale extended in addition to it, the
It should be noted. With regard to the property that responds only specified if
such liability may be eliminated from.
When property has been revoked in the sale under section 49 shall, where
calculation of allowances referred to in Chapter 6. section 3 of the land code be considered if
the property had been imposed at the same time with the originally attached
the property.
54 section At auction the properties called out separately.
They shall be called together, if they have the same owner. Subsequent
joint announcement shall also otherwise take place, if full payment has not
achieved for claims for which all real estate answers or
the properties ' owners agree that they shall jointly called out.
Achieved in the joint announcement bid higher than the sum of the bids at the Special
exclamation, will bid at the common exclamation prevail. The
the purchase price that has been put upon the common exclamation, shall be allocated
on the properties after the values have been affixed to them in the case. Real estate
share in the joint purchase price is at least what has
bid for the property at designated lots. Have any of
the properties have been called out with accessories that are not included in the value for
as its share of the purchase price shall be calculated or bought out without
accessories that were covered by the mentioned value, the property value
for the purposes of the said to be adjusted as necessary by the said
relationship. Amounts in respect of any of the sites had its share in the
the purchase price and other available funds not for the amount of protection and
must, therefore, the question of the property's sale, lapse, they shall
other properties called common.
Achieved no bid that suggests to the payment of any part of the
exekutionsfordringen, not for any of the properties sold.
Has the property been revoked in the sale by virtue of section 49, be the
originally seized property called out first. If thus not achieved
submissions that propose to payment of any part of the exekutionsfordringen,
the property is not sold. It becomes not sold, nor the indented
the property sold.
Property that only responds to the claim of lien on the
because of common mortgage may not be sold for the claim before it
turns out that payment cannot be deleted from the property that responds in
first hand. In the other hand responsible property may not be sold, if
its owners or other interested parties pay the deficiency for which the property
shall answer or set security for the amount. Joint announcement of
the properties need not be made unless there are special circumstances.
55 § If right was reserved for special announcements, shall preserve
apply at subsequent joint announcement. Have the right not
reserved at the special call, the 39 § even at the
common exclamation.
For the purposes of section 40 of examination whether significantly higher
the purchase price can be achieved relate to the total purchase price for all
properties that have been called in at auction.
Down payment shall be made after each inrop, although inropad property
be called out again. If inropet not composed, returned
the down payment.
The claim that due to common mortgage is associated with mortgages
sold property to be paid in cash, unless the buyer and the
thing register is the transferee agree otherwise.
The continued mortgage liability
56 section order by bailiff if continued
mortgage responsibilities referred to in Chapter 6. section 12 of the land code must be notified
at the request of the buyer.
Has the property been sold in cases referred to in Chapter 6. section 12, second subparagraph, second
or third sentence land code, the writ of continuing
mortgage responsibilities announced regarding joint mortgage
plague the property only if the property in relation to the
other common mortgaged real estate is responsible for the entire
the mortgage and the claim which is connected with a lien on the
because of the mortgage has been covered. If funds have earned
through the special sale of accessories depends on deposit letter
amount, the appointment is not notified as to the corresponding part
of the mortgage.
Request for appointment under this section shall be produced
later at the meeting for the purchase price allocation, or, at
sales in hand, before the Swedish enforcement authority issues
Bill of sale. In doing so, the mortgage deed is filed, if it is not already
available for enforcement authority or if
enforcement authority otherwise finds reasons to allow
exception. Act (1994:444).
Sales in hand
57 § A seized property may be sold under the hand, about a sale of
such an arrangement is considered to be more appropriate than sale on
auction and it is reliably investigated the claims and rights
imposed on the property. In determining whether a sale
backstage is more appropriate shall in particular be taken into account
the prerequisites for achieving a higher purchase price
for the property than when sold at auction.
The property may not be sold under the care of a registered right has
inferior right than a claim which is connected with the lien of
the claim is not covered by the purchase price. Sales, however, may be made if
holders of such claims consent to such a sale. A
property that is shared with other property mortgaged must not
sold under the hand. Act (1994:444).
58 section on sale in hand, a thing the owner list
be established. In so doing, apply sections 25 and 26, 27(1), third
and (4), section 28, section 29, first paragraph, 1-3, section 29 other
and third paragraphs as well as section 31.
In the case of the sale and the terms and conditions of this applied 32
and sections 34, paragraph 37, paragraph 38 and 40.
Prior to the sale granted right based on written
document shall be reserved. Reservations must be made for
each granted tenancy of a dwelling in a
property, which is taxed as apartment buildings unit, if the tenant has
party to the apartment. In the case of such rights apply
47 §.
The buyer shall provide the down payment as provided for in
section 35. The remainder of the cash purchase price payable
later than ten weeks after the Bill of sale was established.
Neglected it, is your purchase void.
The purchase will be null and void, the provisions of § 43 of
down payment. What is being said about the auction in paragraph 43
also applies to sales made during the hand.
The provisions of section 45 if certain legal consequences, and paragraph 56
the paragraph about the continued mortgage liability also applies to
sales in hand. Act (2004:448).
section 59 Before the property is offered for sale under the
the owner and the applicant shall be given an opportunity to be heard. The holders of such
claims and rights referred to in section 25 of the first paragraph shall be notified to
a notice of sale and at the same time are encouraged to
within certain time notify his right to the Swedish enforcement authority.
A creditor whose claim is joined with a lien on the property
shall, if the claim will not be covered by the offered purchase price, given
opportunity to purchase the property at a price that exceeds the offered
the purchase price. Act (1994:444).
60 § subject to section 58 or 59 section
the Swedish Enforcement Administration determines the terms and conditions of sale.
Sales are made through a specially established proof of purchase
signed by the enforcement authority and the buyer.
The owner shall immediately be informed of the sale.
When the purchaser has fulfilled their obligation under paragraph 58
paragraph and the sale becomes final, shall
enforcement authority to issue bills of sale.
The provisions of section 48 applies also in the case of sale under
care. Act (1994:444).
61 § Sold non-property in hand, should it be put up for sale
at auction, unless the applicant dispenses from there.
Sales of the conditional right to property or of share in
property etc.
the provisions of § 62 3-61 § § apply mutatis mutandis when
repossession of real property have been made while the debtor's right is conditional
and when the seizure of property not intended full property, if not
subject to the provisions of §§ 63-68.
paragraph 63, in cases where a transfer of property is dependent on conditions,
the property has been seized of the claim of the transferor, the sales
not occur until it turns out if the condition is met.
The first subparagraph shall also apply where part of a property by
the transfer has come in particular owner's hand and the property has been
seized of the claim of the assignor before the real estate training that, according to
law constitutes a condition for the validity has come into being.
It would cause significant delay to await whether
the site will, however, get the property sold with
subject to the right of the transferee. Sales
This also includes the right of the debtor against the assignee. The buyer is responsible for
the obligations of the debtor against the assignee.
§ 64 Has, in cases where the acquisition of the property or portion of property is
dependent on conditions, the property has been seized of the claim in
the acquirer, the Swedish enforcement authority shall offer the debtor's right to
property for sale in the arrangements relating to the Executive
sale of seized right. The sale comes into being, responds
the buyer of the debtor's obligations toward their captive's husband. Application for
mortgage, made on the same day as the garnishment or later,
maturing through sales, if not the bailiff at the request of the
the buyer orders otherwise.
Can it without significant delay is pending if the acquisition
the current requirement is met, the deferment of sale be allowed until
It turns out if this is the case. The condition is met, the sale of
the order in which generally apply to the forced sale of fixed
property.
When sales that have taken place under the first subparagraph final
force and the buyer has fulfilled his payment obligations, issues
enforcement authority proof of purchase.
section 63 and 65, the provisions of §§ 64 does not apply, if the claim for which
seizure has occurred was associated with special preferential rights in the property.
section 66 If the condition is met in the case referred to in section 63 or about the acquisition
walk back in the cases referred to in paragraph 64, the
enforcement authority power in or offering for sale what
then, there is the obligor and subject to garnishment. In that regard,
apply the order under 8 and Chapter 9. regarding foreclosure
claim or right.
section 67 Has only share in property had been seized but shall in accordance with Chapter 8.
§ 8 the entire property sold at auction, the owner of the thing the list
indicate the claims and rights which are charged to each particular
percentage. The amount of protection shall be determined so that requirements which apply in
the first measured the percentage of alone or in that proportion and such other proportion
and who has better right than exekutionsfordringen, as well as
mission costs will be fully covered.
Are any of the parties in the bankruptcy, the creditor may exercise the right of accession
According to section 13, although he has a right only to a share of the property.
section 68 When interest in the property has been sold in accordance with Chapter 8. section 9, second subparagraph, and
the sale became final, and the buyer has fulfilled its
payment obligation, the Swedish enforcement authority issues the Bill of sale.
Specific provision with regard to the General objectives of the programme
the provisions of section 11, section 69 does not apply in the General case.
Chapter 13. Accounting for equity funds
General provisions on accounting
section 1 of the Medium that has floated to the enforcement authority in matters of
the attachment shall be reported as soon as possible. Is the recovery amount
make and it can be assumed that more funds will flow into the
the goal, the authority may defer the ledger.
In case of garnishment for any past-due child support under Chapter 7. 6 §
second subparagraph shall take place no earlier than accounting in close connection to the
date on which the contribution is due for payment. Law (1995:298).
section 2 of this chapter if the accrued funds also apply to interest
is paid on the funds until the date of allocation specified in section 6. Interest rate
the amount available then the eligible for
amount.
§ 3 When buyers have been asking security for down payment and purchase price not
be paid within the prescribed period, the bailiff taga
the security of the claim, if necessary for the payment of what the buyer has to
answer for. The same applies, when other interested parties under Chapter 12. 39
or section 54 has set security for the amount to be reported.
Distribution
section 4 of the income distribution of resources shall bailiff keep
the allocation meeting, when it is prescribed in the beam or when in
otherwise it is unclear how the funds are to be allocated.
Meeting has not been scheduled in conjunction with the announcement of auction
shall be promulgated in particular, if it is required with regard to unknown
interested parties or for other reasons. Publication shall take place in due time and on
appropriate manner. The applicant, the debtor and any other known interested parties shall
called to the meeting.
§ 5 in the allocation meeting, the enforcement authority to account for
What shall be divided and for the claims that have been notified or to be
be taken into account without notification.
section 6, a claim which must be taken into account shall be the amount
It amounts to the allocation day.
In assessing whether a claim is associated with a particular
preferential rights in immovable property shall be a lien whose amount is
particularly in foreign currency shall be converted into Swedish kronor, according to
the rate applicable on the date of allocation. Pledge letter amount may
not, however, be higher than the amount that was determined at
restatement according to Chapter 12. section 27, fourth paragraph.
As the allocation day is considered the day of the
the allocation meeting is scheduled, even if there is something
obstacles to the execution of the distribution. If it is not kept any
meeting, is considered the date of enforcement authority
announced as the allocation day.
In the allocation count as claim in a case even such
cadastral cost that relates only to the target.
Request creditor payment for claims which have not been notified in time,
the dividend shall be paid out of profits, if any arise.
Act (2004:448).
section 7 Is a unified seniority claim or dependent on
conditions or disputed right or is addicted to searched
the mortgage is granted, the Enforcement Administration set aside what
relating to the claim in the meantime, the condition is met or
expires or to dispute or issue of mortgage becomes final
foregone conclusion. Provision shall not be made in cases of dispute shall be adjudicated
According to the third paragraph.
A creditor whose claim or privilege is disputed, if not by
special reasons is unnecessary, to within one month from the
that order was served him bring his right to funds
against interest owners that the funds shall be applicable if the creditor's claim
fall away. Responding to creditor not injunction, he has
lost his right to the funds, unless the opposing party within the specified
time has brought an action against the creditor.
Can distribution not without significant inconvenience to the parties terminated
but that dispute has been settled, the bailiff
self rule on the dispute, if appropriate. In so doing, to what
as stated in Chapter 2. paragraphs 22 and 23. Act (1994:480).
section 8 When funds allocated under section 7, the Swedish enforcement authority shall specify the
It shall perish with them if the claim falls away completely or partially.
§ 9 of all the concerned parties agree on how the funds are to be allocated, the
the allocation made in accordance therewith.
Special provisions concerning registered ships, registered
aircraft m. m. and immovable property
section 10 When registered ship, registered aircraft, encumbered
spare parts for aircraft or real estate has been sold at auction, the
retained revenue from property, compensation that has accumulated with
following the unsuccessful attempt to sell the property and supplements
Some have paid to preserve its right in the sale are distributed
along with the purchase price for the property. Agents who have earned
through the special sale of accessories to the property shall be distributed
at the same time as the purchase price for the property.
The allocation shall be made in accordance with point register, if not
It appears that the claim is less than that specified in the list. Regarding
limitation of mortgage holders ' rights, sale of mortgaged
spare parts for aircraft, there is provision in Chapter 11. paragraph 3 of the third
paragraph.
Dividend of the claim that are not included in the list is paid only
of the surplus, if any arise.
section 11 of the provisions of section 10 of the first subparagraph shall also apply when the property has
sold during the hand. The funds shall be allocated in the first instance, in accordance with
the terms and conditions of sale and the remainder under the grounds that apply to the establishment
ownership of the thing.
12 § Interrupted proceedings in the case of property referred to in section 10 without
the property has been sold, the accumulated funds are distributed as
says, if the thing ' register has been established, and in other cases in accordance with the
the pleas relating to the establishment of such a list. Other
creditor than the applicant is not entitled to receive payment out of the funds for
other than interest and costs, if his claim is subject to a lien on
because of the mortgage.
As accessories to the property has been sold separately, the creditor, not
waived payment, receive dividends pursuant to Chapter 12.
section 16, even if the property is not sold.
Settlement
paragraph 13 of the Funds accruing to the creditor shall be deducted on the interest rate and other
biförpliktelse before the principal, if not the creditor claims
other prior to distribution or, if the distribution is not taking place, before
the payout.
If the order of the principal amount of the claim and before when
registered ship, registered aircraft, encumbered parts for
aircraft or real estate have been imposed, there are provisions in Chapter 10. section 11 of the
first subparagraph, 11th chap. § 1 and 12. paragraph 26.
Payout
section 14 of the Funds may not be paid without guarantee, if
1. seizure has taken place pursuant to Chapter 3. 5 section 1 or section 6 and
the enforcement order has become final or repossession has occurred at
because of the ruling or decision in proceedings concerning orders to pay or
Executive assistance and the debtor has sought recovery or appealed,
2. seizure has taken place at the estate for claims that were not connected
with special preferential rights in the property and the time specified in the 8
Cape. section 6 of the first subparagraph have not gone for ever,
3. the right to the funds is dependent on an appeal of
garnishment or the attached property's sale or by
the action referred to in Chapter 4. 20-22 or section 26,
4. breakdown which has occurred at the allocation meeting is not
become final,
5. otherwise, the dispute is over who is the transferee.
Act (1994:1038).
14 a of the At attachment of earnings for child support with preferential rights
According to Chapter 7. section 14 does not apply paragraph 14 of 3 or 5. If there is
special reasons shall be 14 § 5 shall apply. Law (1995:298).
section 15 Has funds set aside under section 7 of the first paragraph on the basis of the dispute and
has the dispute been tried by the Court, the prevailing party against collateral
raise funds without prejudice to the decision is not final. In
another case, funds have been allocated in accordance with paragraph 7 of the first paragraph, on the grounds
exists, against security is paid to the creditor for which they have
set aside, or, if they don't want to raise funds, to it in the other hand
is entitled to them.
section 16 of that enforced distribution subject to appeal does not prevent the amount
not affected by the appeal. Act (1994:1038).
section 17 When funds are paid out, should be taken that generally
concerns about liability for creditor to submit or reset
debt securities or security which has been provided for the claim.
Lien on the ship or property or enterprise mortgages letter,
which is the security of the claim on which payment has
the whole dossier, shall be established even if the creditor is not required to
restore the plot, if not the bailiff finds the reasons
to grant a derogation. The same applies to debt securities encumbered
in other property, when the obligation to produce or restore
debt not follows from the first paragraph.
When the buyer pleads to the thing ' register is
eligible for payment have admitted him settlement on
the purchase price, the Swedish enforcement authority's examination of
the agreement provided for in the first and second
paragraphs. Lag (2003:531).
section 18 if the creditor for which dividends are calculated not within one year from the
the distribution has become final provides bonds or
in all other respects comply with the requirements of section 17 of the lift
funds, those against security is paid to the other hand is
entitled to them, unless there are special circumstances.
Article 19 If all interested parties concerned acknowledge that amount be paid out without security
When such otherwise required, shall be done.
section 20 Amended decision on allocation or payment,
enforcement authority on request, exquisite what to be paid back.
In that regard, it must be taken in collateral claims. The same applies, if the funds
as someone has a lift under 14 or section 15 shall apply other
interested parties or if the creditor has been raising funds in accordance with section 18 and the like
better have the right to register and fulfill what is required
payment to him.
20 a of the accrued funds Shall be distributed among the multiple objectives and
below the amount to be paid out in one of these 100
dollars, the amount, if special reasons do not result in any
others, instead, are distributed among the other case where the claim not received
full coverage.
Enforcement authority is not obliged to pay the amount
less than 25 pounds. If the amount is not paid, go to
the State. Law (1993:1650).
Specific provisions concerning the General objectives
section 21 the provisions of 1, 13, 14 and 20 sections does not apply in the case of the applicant
in the General case. In such a case nor 4-6 sections, section 7 of the first-third
paragraphs, paragraphs 8 and 9 unless the distribution is to be made with individual
creditor or if it is legally required that the allocation meeting
shall be held. The provision in paragraph 7 of the third subparagraph shall not apply in
general objective, if the applicant's claim is affected by the dispute.
Chapter 14. Effect of forced sale, etc.
section 1 of the forced sale gives the buyer the same right to the sold property
as voluntary sale, unless otherwise follows from what is said in this
Chapter.
2 § when the attachment of certain property giving precedence over assignment of
property, it applies to the benefit also of the person acquiring the property
at the forced sale. The same applies when a third party after
notice under Chapter 4. section 20 or section 26, in conjunction with section 20 have lost
his right against the applicant.
section 3 Has forced sale of registered ship or
aircraft registered in the aircraft register final
force and the purchase price paid shall, if the defendant was not
the right owner, the buyer's acquisition, however, apply if the debtor's access
was entered when the sale took place.
When the forced sale of property has become final
and the purchase price has been paid, have a person who relies on other
acquisition of property by the debtor or his
representatives lost their right to the purchaser. Even those who
claiming that the debtor's or any of his representatives ' access
was invalid or for other reasons not applied against the rightful owner has
lost his right against the purchaser, if the title deed was granted for
the debtor when the levy of sales took place.
Act (2004:84).
section 4 Of Executive sold property buyer backed out because the debtor is not
where the right owner, the debtor is liable to compensate the buyer its damage
with the total amount of what has passed for payment of the claim
against the debtor has paid to him. The debtor
intentionally or negligently caused damage to the buyer, he is guilty
to replace the damage without such limitation.
The creditor, who has not acted in good faith when he received the payment, is required to
jointly and severally with the debtor pay the buyer its damage with the amount
He has received in payment. Does the creditor intentionally or
negligence caused damage to the buyer, he is obliged to compensate the damage without
such limitation.
§ 5 When forced sale means that third parties are losing their
ownership of the sold property, applicable in respect of third party rights
to compensation for harm suffered what is said in paragraph 4 If the buyer's right to
substitution of the debtor and the creditor. The same applies, when
recovery of seized claim means that the third man loses his right
to the claim.
6 § has a third party under section 3(1) lost its right
to this country registered ship or aircraft
entered in the enrolment register of aircraft, he is
entitled to compensation from the State under the same conditions
When such compensation shall be payable in respect of
to the right of the owner has been lost through voluntary sale.
The same applies when a third party according to paragraph 3, second subparagraph
the second sentence has lost its right to use immovable property.
The State has issued compensation referred to in the first subparagraph, shall arise
the State of the third man's right under § 5. Act (2004:84).
15. Was repealed by law (1995:298).
16. Other enforcement
Eviction
1 § With eviction means an obligation of the former owner
or beneficiaries to move from the immovable property, a
dwelling or any other space in the building.
Law (2006:672).
2 § Before eviction takes place, the defendant shall be given the opportunity to
comment has no known residence and the respondent has not
been clarified where he or she resides,
eviction, however, take place notwithstanding that he or she has not
opportunity to be heard.
In the case of service of a document by which a defendant is prepared
opportunity to be heard regarding procedural law (2010:1932).
The recipient of service has known domicile in the Kingdom but meet
neither he nor any action may be filed pursuant to
34 – 37 § § the Act of service and it cannot be cleared, he was
they reside, may release the service used
or the document is left in the service recipient's domicile or
at the appropriate place in connection to his or her place of residence.
Is the defendant resides abroad, the document sent to him
or her record during his or her foreign
address. Law (2010:1937).
paragraph 3 of the Eviction will be carried out so that reasonable taking into
the applicant's interest as the defendant's situation.
Where possible the eviction take place within four weeks of the necessary
documents come in to the enforcement authority.
Eviction may be made no earlier than one week from the date the respondent was prepared
opportunity to be heard or, if the defendant is domiciled abroad, two
weeks from the date of the notification sent to him.
4 § if necessary, for the sake of the defendant, bailiff
allow deferment of rechartering for a maximum period of two weeks from the end of the
the time limit referred to in the second subparagraph of paragraph 3. Existence of special reasons may
the moratorium may be extended to a maximum of four weeks, if reasonable compensation
paid for all the grace period granted by the authority.
Has due to the third subparagraph of paragraph 3 of the obstacles encountered in implementing the rechartering
within the time limit referred to in paragraph 3, second subparagraph, the grace period starts
from the date of the Ordinance at the earliest, could take place.
§ 5 Permits the applicant a stay of rechartering and lasting suspension of
six months from the date of the application, the application is due, unless it
There are special reasons to accept a further reprieve.
Law (1995:298).
section 6 of the enforcement authority shall, where necessary, provide for the transportation of property
that must be removed, rent space for storage of property and take
other similar measures arising from the rechartering.
Before action is taken, according to the first subparagraph shall be notified to the parties,
If it can have meaning for them.
The person who has received property for storage in the cases referred to in the first
subparagraph are entitled to reasonable compensation from the defendant for storage.
Has property not taken three months after the rechartering, the who
has received the property sell it and take out the satisfaction from the purchase price
or, if the property is clearly lacking in sales value, dispose of
it. Before the property is sold or disposed of, the defendant, if he can
be reached, anmanas to retrieve the property. Anmanings obligation shall be considered to have been fulfilled
by demanding has been sent by registered mail to the defendant's
known address. Otherwise, apply 5-7 sections and section 10 of the first and second
subparagraphs (1985:982) on the trader's right to sell the things that
has not been downloaded. For the purposes of these provisions, what
about the client refer to the respondent and what is said about the trader
refer to the person who has received property for storage. Law (1985:983).
paragraph 7 Shall be made other than eviction from a dwelling and in breach of the defendant
to take care of the property and can not be adequate storage space
acquisition, the Swedish enforcement authority may order that the property shall
be sold. Can the property be taken devoid of value, may instead
decreed it to be destroyed. Property belonging to a third party may
be sold or destroyed only if he fails to take care of yourself
the property.
Before the decree referred to in the first subparagraph shall be notified to the defendant and, if
the property belongs to a third party, he/she shall be given the opportunity to be heard.
In that regard, apply 2 §.
The sale will take place in the arrangements relating to the seized goods in
General. The provision in Chapter 9. paragraph 4(1) does not.
section 8 Evictions may be carried out even against the inherent or other third parties
that prevents the applicant in the exercise of his rights, if it is clear that
third man article is entitled to oppose enforcement. When
reason exists, the enforcement authority if possible in advance
inform the third man on the rechartering.
Grace is said in paragraph 4 shall be notified, if necessary, in the interests of third
the man.
section 9 If it is considered appropriate, and the applicant admits, the bailiff
the authority shall submit to the defendant to fulfil its obligation
that move. In so doing, apply 2 §, paragraph 3 of the first and third paragraphs as well as
5 and 8 sections.
Enforcement in other cases
section 10 is repealed by Act (2006:672).
section 11 Before the execution that does not relate to the lien or other
security measure shall the defendant be notified. If the thing is
urgent, may, however, enforcement authority immediately to take the necessary
measure. As soon as possible to examine whether the measure should be continued.
12 § Enforcement as not relating to the seizure is made by
enforcement authority submitting the defendant to fulfil what is up
him or to observe any prohibition or other regulation or by
the authority itself to take the necessary action. On petition by the applicant
the Swedish Enforcement Administration may, if considered appropriate, transmit to the applicant
After the Authority's instruction to perform the necessary action.
As regards implementation of enforcement applied section 6.
Regulation of the enforcement order relating to execution does not prevent
This is carried out in another way, if necessary.
12 a of the Permit the applicant a stay of execution and lasts
the suspension of six months from the date of the application, the application is
overdue. The same applies if the applicant admits the suspension more than two
times.
Enforcement authority may grant the deferment of assistance for
withdrawal of an article, if there are special reasons given
the buyer's conditions and other circumstances. Deferment may be
not be granted for more than four months from the date of the application for
Executive assistance.
The Swedish Enforcement Administration may decide on conditions for the deferral and, if
There is a reason for it, explain that the period of grace shall expire
to apply. Law (1995:298).
Specific provisions on attachment
section 13 with respect to enforcement of the attachment order for claim
shall apply the provisions on enforcement in Chapter 4. 2-7, 9 and 13-19 sections,
section 22 of the first and third subparagraphs, 24, 25 and 33-35 §§, 5 and Chapter 6. as well as the
12 Cape. 3-5 paragraphs.
Attachment of the claim must not be put on salary or other benefit referred to in
Chapter 7. before it has been paid and can be seized.
section 14 When property subject to lien of the claim, the defendant may not
transfer the property or to the detriment of the applicant to dispose of it at
otherwise, if no enforcement authority after hearing the applicant admits
it for specific reasons.
In terms of the effect of the lien in general terms the provisions on
repossession in Chapter 4. section 29, second paragraph and section 31 and 12 Cape. 6-10 sections.
If personal property that has been seized for debt, suddenly falls
the value, or require costly care, it may, at the request of the party
sold in the arrangements relating to the foreclosure property.
section 15 does not prevent the attachment of property of the claim be withheld or
sequestration of assets for other claims. There are other property to
provided, however, this should be taken into the claims in the first place, if not the
the claim for the garnishment or attachment is sought is associated with
Special preferential rights in the seized property.
If the property that has been seized of the claim be withheld for
other claims which are not connected with the special preferential rights in
the property, the property is considered at the same time growing short for
kvarstadsborgenärens claim. Such enforcement action;
If the garnishment is lifted. Act (1994:480).
section 16 with respect to enforcement of the attachment order to the safety of
better law Chapter 6. and Chapter 12. § 5.
In terms of the effect of such a lien applies to section 14. Lien which applies in
property may not be pledged, if no enforcement authority after
the hearing of the applicant admits that for special reasons. The same applies to
debt securities which are mortgaged in aircraft or spare parts to
aircraft.
Chapter 17. Costs
Introductory provision
section 1 of the enforcement objectives, taken out an annual base fee for
general expenses in dealing with and otherwise withdrawn
compensation for the costs of
Enforcement authority (court costs).
The Government may provide for when the substitute shall be
out and about the amount of compensation. Law (2007:277).
The applicant's liability for court costs
section 2 of the Ordinance, the applicant is liable to the State for the costs of
the goal, subject to paragraph 3 or 4 or by
special regulation. The applicant does not pay a basic fee of
prescribed period, the Swedish enforcement authority may dismiss the case.
In terms of costs for an action which has been requested by someone
other than the plaintiff in the requested action
to be considered as candidates. When a property under Chapter 12. section 49 has
been revoked the sale of a mortgaged property jointly,
However, should the applicant in responsible also for costs
prompted by the cancellation, if he has less right than the
requested withdrawal. Law (2007:277).
paragraph 3, the applicant shall not be liable for court costs of
enforcement under Chapter 7. section 21 or for such assistance
in accordance with Chapter 8. section 18 needed to come into possession of movable
property or dwelling.
The applicant is not responsible for the costs of the court case
If the attachment for attachment of earnings claim which has at
preferential rights under Chapter 7. section 14.
When eviction is responsible for the costs of the applicant does not
storage of the defendant's property, or for any other Act which
essentially intended to protect the defendant against loss. The same
cost of sales according to Chapter 16. 7 §.
Law (2007:277).
section 4 of the Swedish enforcement authority may grant exemption in whole or in part
from the obligation to pay the court costs, if the
There are special reasons.
Only an insignificant amount to pay in a General
or the case of seizure, the enforcement authority
pay the amount to the applicant by forging
bailiff costs correspondingly. Law (2008:216).
paragraph 5 of the Enforcement costs for which the applicant is responsible to
be advanced by him, if enforcement authority requests it.
The State, municipalities, county councils and local authorities are, however, not
required to provide such advance.
Advance payments are not paid within the prescribed period,
Enforcement authority suspend execution and terminate
measures taken. If the loan is for a basic fee,
the Agency instead write off target. Law (2007:277).
Collection of court costs
section 6 of the enforcement authority shall charge the court costs without
special request. Barred by a principal also includes
Court cost. A bailiff costs relating to the proceedings on
garnishment for alimony shall lapse at the end of
calendar year four years after the fee was charged.
Law (1995:298).
section 7 the court costs in case of garnishment is taken out of
the purchase price of the sold property, retained earnings and other
the available funds. They may, if necessary, immediately utsökas of the debtor.
The court costs that are common to multiple destinations have priority
in front of the expenses that relates to only one goal.
Duty cost for assistance in accordance with Chapter 8. section 18 may immediately
utsökas of the party against whom the measure has been taken. Law (1996:130).
§ 8 the court costs in case of enforcement under Chapter 16 of the. get
immediately utsökas of the defendant, unless otherwise follows from the enforcement order.
However, this does not enforcement of the attachment order or other
security measure.
If the property is sold in connection with eviction under Chapter 16 of the. section 7, be
duty cost for sales out of the purchase price.
When the court costs for eviction is taken out of the defendant,
fee referred to in paragraph 3, third subparagraph, preference over other
Court cost. Law (1996:130).
§ 9 Duty cost for the execution of the attachment order or
another security measure, which still consists when enforcement owns
rooms for the claims which gave rise to the action, shall be considered as
duty cost for the latter.
If the property that is subject to a lien for the claim be withheld for other
claim, the Court deemed cost for the enforcement of the Lien as
the court fee in case of seizure.
section 10 if the movable property subject to Lien sold pursuant to Chapter 16.
section 14 of the third subparagraph, or to paragraph 16, the cadastral cost
for sale out of the purchase price.
Has enforcement authority because of the attachment of real property
ordained on the action referred to in Chapter 12. 8 or section 9, the cost of
the action out of the retained profits.
11 § What is said in paragraphs 7-10 of the levying of the duty cost of
the defendant does not apply to costs which as a result of exekutionstitelns
withdrawal, the withdrawal or other specific reason should
must be paid by the applicant.
If the applicant does not have an enforcement charge for which he funds(5)
charge and cost may not be or have been in the case be taken out of
the respondent, the applicant immediately at utsökas.
Costs in dispute at the distribution
section 12 in respect of the expenses in dispute in the allocation of funds under 13
Cape. the third subparagraph of paragraph 7 is tested by the Swedish Enforcement Administration apply 18
Cape. the code of judicial procedure.
Decision, whereby the enforcement authority has imposed a liability
pursuant to the first subparagraph, such as dom referred to in Chapter 3. section 6.
Specific provision with regard to the General objectives of the programme
section 13 the provisions of paragraphs 2 and 3, paragraph 4, first subparagraph, and paragraph 5 of
the applicant's liability for court costs does not apply in
general objective. Law (2008:216).
Chapter 18. Appeal
Introductory provisions
section 1 of the Enforcement Authority's decision be appealed in writing of a
District Court that the Government provides for with regard to each
the defendant is domiciled.
With the defendant understood the place where the defendant is resident.
Regarding the estate, of course, the place where the dead were last
resident and the other legal person, of course, the place
as under 10 Cape. the code of judicial procedure based jurisdiction
in civil cases in General.
In so far as it is not provided otherwise in this chapter
case law (1996:242) if the court cases on appeal in
enforcement targets. Enforcement authority shall not, however, be a party
in the Court. Law (2006:672).
Appeal against enforcement authority
section 2 of the Swedish enforcement authority's decision may be appealed by the
the decision concerns, if it's been him against. The applicant or
the defendant may also complain that the decision infringes any third
man's law.
A decision by which a right was reserved for under 12.
paragraph 33, may be appealed only by the one who denies that
such a reservation is made. Law (1993:516).
3 repealed by Act (1993:516).
4 repealed by Act (2006:672).
§ 5 the following decisions may not be appealed:
1. a decision through which the request for correction of attachment
According to Chapter 4. 33 or section 34 or by attachment of the claim
According to Chapter 16. section 13 has been submitted without approval,
2. a decision by which a right is not reserved for
According to Chapter 12. paragraph 33,
3. a decision whereby a bailiff has been declared
disqualified,
4. a decision on a matter referred to in chapter 17. section 4 first
subparagraph,
5. a decision in such a case of enforcement of a
the arbitration referred to in Chapter 3. section 16. Law (1999:118).
paragraph 6 of the decision in a case described in Chapter 2. 10 or section 11 shall not
subject to appeal. In the context of a decision subject to appeal, by which
the imposition of a penalty or other sanction has been applied, may be
examination of the validity of the injunction is sought.
A decision that involves only the preparation for later decision and
not related to a third party may be appealed only in connection with
appeal against the latter decision. However, the decision may be appealed
especially on the grounds that the case unnecessarily residence by the decision.
One thing the owner list may be appealed only in connection with the
Executive sales or the decision on the apportionment of income
funding appeal. Act (1994:444).
section 7/expires U: 2016-01-01/
An attachment referred to in Chapter 7. may be appealed without
restriction for some time.
A decision on the other attachment shall be appealed by the applicant or
the defendant within three weeks from the time the decision was notified to him. Third
You may appeal against such a garnishment without restriction for some time.
A decision as referred to in Chapter 8. paragraph 9 or 12. 49 §
However, the third subparagraph shall be appealed against within three weeks from the
the decision was notified to the appellant.
A forced sale shall be appealed against within three weeks from the
the sale. A decision on the allocation or payment of funds
shall be appealed against within three weeks of the decision.
Such an appeal referred to in paragraph 6, second subparagraph, second sentence,
may be made without limitation for some time.
The Swedish enforcement authority in other cases shall be appealed against within three
weeks from the decision was notified to the appellant. Law (1995:298).
section 7/entry into force: 01/01/2016
An attachment referred to in Chapter 7. may be appealed
without prejudice to the specific amount of time.
A decision on the other garnishment should be appealed by the applicant
or respondent within three weeks from the notification of the decision
the complainant. A third party may appeal against such a garnishment
without prejudice to the specific amount of time. A decision as referred to in 8
Cape. paragraph 9 or 12. 49 section, third paragraph,
However subject to appeal within three weeks from the notification of the decision
the complainant.
A forced sale shall be appealed against within three weeks from the
the sale. A decision on the allocation or payment of
funds must be appealed within three weeks of the decision. The defendant
may however appeal against such a decision within the time-limit within which the
attachment referred to in the second subparagraph, first sentence, the
subject to appeal, if that period expires later.
Such an appeal referred to in paragraph 6, second subparagraph, second
the sentence may be carried out without prejudice to the specific amount of time.
The Swedish enforcement authority in other cases to be appealed
within three weeks of the decision was notified to the complainant.
Law (2015:683).
section 8 has been repealed by law (1996:248).
§ 9 an appeal shall be filed with the bailiff.
An appeal has not been received in due time shall be rejected by the
enforcement authority. If the appeal has been received by the
the District Court within the time for appeal, the fact
that appeal has been submitted to the Swedish enforcement authority only
then do not give rise to it are rejected.
If the person wants to appeal a decision showing Cook decay before the time
for appeal has expired, the Swedish enforcement authority shall set out the new
time. Law (1993:516).
section 10 if the appeal is not inadmissible, the bailiff
as soon as possible send this and other documents
to the District Court. Law (1993:516).
repealed by section 11 of the Act (1996:248).
Certain provisions on proceedings in the District Court
section 12 of the District Court may, without the other party has been given
opportunity to comment on the appeal, order that any action
for enforcement until further notice, not to be taken or, if there is
serious reasons, to an already action taken should be lifted. At
garnishment of wages for child support, the appointment be confined
to the accrued funds should not pay out.
The District Court may also order the immediate action for the
enforcement shall be implemented and maintained until another is appointed.
Law (1995:298).
paragraph 13 of the fact that a decision has been issued by a disqualified
court enforcement officer shall not give rise to the order is terminated, if the challenged person
obviously not have affected the decision. Law (1993:516).
section 14 In favour of the appeal of a particular decision may also
a later decision in goal lifted when it can be done, if this decision has
connection with the previous decision, and had not acquired the force of res judicata against
the appellant when he appealed against the first decision. Law (1993:516).
section 15 If an appeal against a decision on the allocation of funds
is upheld, it applies for the benefit also for those who have not
appealed the decision. Law (1993:516).
paragraph 16 of the decision of the District Court in a case involving an appeal which applies on
as in Chapter 2. section 19 of the said decision of the enforcement service.
In case of garnishment shall be an action taken not without special
order return before a District Court decision has become final.
Law (1995:298).
Appeal against the decision of the District Court, m. m.
16 (a) repealed by laws (2005:689).
section 17 a decision of a court in respect of such a
the appeal referred to in paragraph 6, second subparagraph, second sentence, shall
not subject to appeal. Law (2006:672).
section 18 is repealed by Act (1996:248).
§ 19/expires U: 2016-01-01/
What is said in paragraph 4, second subparagraph, and 12, 14 and 15 sections apply
even in the Court of appeal and the Supreme Court. What is said in paragraph 16 of the
apply to the Court of appeal. Law (1993:516).
§ 19/entry into force: 01/01/2016
The provisions of 12, 14 and 15 sections apply even in
the Court of appeal and the Supreme Court. The provisions of paragraph 16 of the
apply to the Court of appeal. Law (2015:683).
Specific remedies
section 20 Provisions on specific remedies in chapter 58 and 59.
the code of judicial procedure applicable to enforcement decisions in
enforcement targets.
What is said in chapter 58. section 13 of the code of judicial procedure for restoration of
integrum applies even when the injunction has been granted in accordance with Chapter 4.
20, 21 or section 26 or chapter 13. section 7 of the second paragraph of this beam.
The use of special remedies may not without serious reasons warrant
that forced sale cancelled. Lag (1988:1454).
Transitional provisions
1984:695
This law shall enter into force on 1 January 1985. If thing register has
established before the entry into force applied still older
provisions.
1985:983
This law shall enter into force on 1 July 1986. Has anyone before the entry into force
received property for storage, however, older provisions.
1987:755
This law shall enter into force on 1 January 1988. The provisions of Chapter 3. 7 §
the second paragraph of its older version still apply, however, in the case of
goals that dealt with under the Act (1974:8) about the trial in the civil case if
smaller values.
1990:669
This law shall enter into force on 1 July 1990. Older provisions of chapter 15.
section 14 comes to January 1, 1991.
1990:748
1. this law shall enter into force on the day the Government determines.
2. Older rules still apply in the case of rashes or decision
issued under the law (1946:808) if prosecution and
payment procedure and assistance Act (1981:847).
1991:848
This law shall enter into force on the day the Government determines. Older
rules still apply in respect of proceedings relating to prosecution,
payment procedure and assistance seised prior to the
the entry into force.
1992:636
This law shall enter into force on 1 January 1993. In the individual case on
the entry which has been received by the bailiff before
entry into force receives compensation for such
court costs incurred after the end of 1994.
Such court costs may be charged immediately by the introduction of
the debtor. In the older regulations still in terms of
enforcement targets that have been received by the bailiff before
the entry into force. Act (1994:1983).
1992:831
This law shall enter into force on 1 January 1993. In cases where the debtor has
acquired the goods before the date of entry into force for older regulations.
1993:516
This law shall enter into force on 1 January 1994. In the case of decisions
communicated by the bailiff before the entry into force applies
older regulations.
1994:480
This law shall enter into force on 1 July 1994. Older regulations apply
still, in the case of payment assurance effected prior to the
the entry into force.
1994:1413
This law shall enter into force, with respect to Chapter 2. section 15 on 1 January 1995,
and on the day the Government determines. In the case of Chapter 2. section 15
for older provisions if an action brought before the entry into force.
1994:1964
This law shall enter into force on 1 January 1995 and applied to
maintenance for which the original due date entered
on december 31, 1991 or later.
1995:298
1. this law shall enter into force on 1 april 1996.
2. the new provisions shall also apply in cases
brought before the entry into force in respect of the relationship that
relating to the period thereafter. In the case of appeal against a decision
If the introduction is applied after the entry into force of the new provisions on
appeal against a decision on seizure.
3. If, upon entry into force are ongoing enforcement of a decision on
admission or attachment of earnings, the Swedish enforcement authority shall reconsider the
the decision by applying the new regulations in Chapter 7. If a
such decisions at the time of entry into force is the subject of judicial review,
the Swedish enforcement authority shall defer the review until
the judicial review is completed.
4. Cases brought before the entry into force shall, at
the calculation of the one-year turnaround time according to Chapter 4. section 9 is deemed to
have been received by the enforcement authority on the date of entry into force.
5. an application for admission has been made before the entry into force,
It is considered as an application for an order of distraint with the request for a limited
asset investigation pursuant to Chapter 4. 9 d. Law (1996:130).
6. The new provision in Chapter 7. paragraph shall apply only
on child support for which the original due date entered
on december 31, 1991 or later.
1996:1032
1. this law shall enter into force on 1 January 1997.
2. in the case of claims under the Act (1964:143) If advances
or Act (1984:1095) to extend advances for students
section 23 applies in its older version.
3. Although a decision on the repayment obligation in accordance with the law
(1996:1030) If child support has not yet been notified to the
grant culprit on 1 January 1997, the ongoing prosecution of
enforcement authority regarding recovery under the Act (1964:143) if
advances or Act (1984:1095) to extend advances
students continue and include requirements established
the repayment obligation in accordance with the law on child support.
4. Amount in distribution according to Chapter 7. paragraph 16
assigned to the claim under the Act (1996:1030) If child support shall in
primarily settled on claims for the same children raised
under the repealed Act (1964:143) of advances and the
repealed Act (1984:1095) if extended the advance payment of
students.
1999:118
1. this law shall enter into force on 1 april 1999.
2. Older provisions apply in respect of an application for
enforcement made before entry into force.
3. Older rules still apply in the application of
section 12 of the Act (1981:775) for the inclusion of the enforcement code.
2003:531
1. this law shall enter into force on 1 January 2004.
2. in the case of an attachment that has been decided on the basis of a
application is made before the entry into force applied, older
provisions.
3. 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.
2005:689
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.
2006:672
1. this law shall enter into force on 1 July 2006.
2. Older rules on jurisdiction in Chapter 2. 15, 16 and
24 sections still apply in respect of the actions on the occasion of a
injunction granted before the entry into force.
3. Older regulations in chapter 18. section 1 is still in question
on appeal of the decision which has been notified prior to
the entry into force.
4. Older regulations in chapter 18. paragraph 17, first sentence, if
appeal ban still applies in the case of decisions
granted prior to the entry into force.
2007:277
1. this law shall enter into force on 1 January 2008.
2. If the forced sale has occurred prior to the entry into force,
applies to chapter 17. section 3 of the paragrafens older version.
2010:1937
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.
2015:756
1. this law shall enter into force on 1 april 2016.
2. The provision in the older wording still apply for
amount credited to a debtor under the repealed 19
Cape. section 19 of the social insurance code.