Ukoliko posjedujete izvršni naslov (pravosnažnu presudu, vjerodostojnu ispravu, notarski obrađenu ispravu ili neku drugu ispravu podobnu za izvršenje, npr. platna lista radnika) i želite da pokrenete izvršni postupak radi ostvarenja Vaših prava (npr. naplata potraživanja, predaje i isporuke pokretnih stvari, ispražnjenja i predaje nekretnina u posjed, povratak na radno mjesto i sl.) konktaktirajte advokata Merisa Dolića.

If you require an answer or legal opinion regarding the questions listed below—or any other matter—and need representation in enforcement proceedings, please contact an attorney with many years of experience in enforcement representation:

Question: Can a creditor holding an enforceable title initiate enforcement proceedings against the heirs of a debtor, or continue already initiated enforcement proceedings against the debtor’s heirs?

Question: Can a temporary representative be appointed in enforcement proceedings for a legal entity whose director has passed away and a new one has not yet been appointed?

Question: If one spouse—for example, the husband—has pledged a property acquired during the course of the marriage (with only the husband registered as the owner in the land registry) as collateral for a loan he obtained, can the other spouse—the wife—raise a third-party objection in enforcement proceedings and contest the mortgage registered in favor of the bank?

Question: If one spouse—for example, the wife—has pledged a property acquired during the course of the marriage (where only she is registered as the owner in the land registry) as security for a loan granted to a legal entity founded by one or both spouses, can the other spouse—the husband—raise a third-party objection in enforcement proceedings and challenge the mortgage registered in favor of the bank?

Question: If one spouse—for example, the husband—has pledged a property acquired during the marriage (with only the husband registered as the owner in the land registry) as collateral for a loan granted to a third party (a natural or legal person), can the other spouse—the wife—raise a third-party objection in enforcement proceedings and challenge the mortgage registered in favor of the bank?

Question: As a spouse, can I raise a third-party objection in enforcement proceedings and successfully contest the enforcement if the enforcement creditor has initiated the enforcement procedure based on a protested bill of exchange? As a spouse, can I raise a third-party objection in enforcement proceedings and successfully contest the enforcement if the enforcement creditor has initiated the procedure based on a protested bill of exchange, and the enforcement is being sought against a property registered solely in the name of the other spouse in the land registry, although the property was acquired during the marriage??

Question: If you have purchased a property (you hold a valid purchase agreement and have paid the purchase price to the seller), but you have not submitted a request to the competent Land Registry Office for registration of ownership rights (the previous owner is still registered as the owner), and in the meantime, the enforcement creditor has initiated enforcement proceedings on that property to collect claims against the previous owner — what are my rights as an off-registry owner with a valid legal basis for registration of ownership? Can I request a suspension of the enforcement proceedings?

Question: Is it possible for the court to uphold the debtor's objection to the enforcement decision ordering execution on ½ of the debtor's monthly income, and instead determine that enforcement should be carried out on a smaller percentage of the debtor’s monthly earnings?

Question: Is the court authorized, immediately upon receiving the debtor’s objection to the enforcement decision (without first submitting the objection to the enforcement creditor for a response), to issue a decision referring the enforcement creditor to initiate a civil lawsuit, in cases where the enforcement was initiated based on an authentic document?

Pitanje: da li se može pokrenuti izvršni postupak, odnosno, da li se može tražiti izvršenje na drugom preduzeću (preduzeću koje nije izvršnim naslovom određeno na ispunjenje novčanog potraživanja), a koje očigledno osnovano da bi se izbjegle obaveze preduzeća iz izvršnog naslova, a pri tome tražilac izvršenja je  bezuspješno pokušao naplatiti svoja potraživanja koja ima prema preduzeću iz izvršnog naslova?

Question: Are heirs liable for the debts of the decedent under a loan agreement that included a life insurance policy? If the debtor—borrower—entered into a loan agreement with a bank and secured the loan with a life insurance policy as collateral, and the insured event (death of the debtor) occurs, can the bank, in the event it is not reimbursed by the insurance company (e.g., if the insurer refuses payment due to the debtor’s failure to disclose material facts and circumstances when taking out the policy), initiate enforcement proceedings against the heirs of the debtor? 

Answer: According to the legal positions of the Cantonal Court in Mostar, the District Court in Banja Luka, and the Supreme Court of the Federation of Bosnia and Herzegovina, initiating court proceedings against heirs in such cases is not permitted—except in one specific situation.

What are the rights of banks, and what must a bank do in order to initiate proceedings against the heirs? Contact an attorney for more detailed information.

If you have any other questions, please contact an attorney with a clear inquiry.