In the era of accessible microloans from MFOs (microfinance organisations), many people face the problem of repaying their debt. If you have found yourself in such a situation, you have probably already had to deal with intrusive calls from debt collectors. But sometimes the debt collection process takes more aggressive forms, for example, through a notary’s writ of execution. This tool makes it possible to recover funds without a court hearing, which makes it particularly attractive to creditors. However, such writs are not always lawful. In this article we will look at how to challenge a notary’s writ of execution and protect your rights. What is a notary’s writ of execution? A notary’s writ of execution is a notary’s order for the compulsory recovery of sums of money from a debtor or the transfer of property to a creditor. It is one of the enforcement documents that gives the enforcement officer (state or private) the right to open enforcement proceedings and seize your property and bank accounts. However, the key point is that a notary carries out such an action only if the debt is indisputable. Important. A notary is not a court. The notary does not establish the rights and obligations of the parties, but merely certifies that the creditor’s right to recover the debt exists. The decision to make the writ is taken on the basis of documents provided only by the creditor (an MFO or a bank). “The making by a notary of a writ of execution on a loan agreement does not give rise to the creditor’s right to recover sums of money, but only confirms that such a right arose earlier and is valid at the time the writ of execution is made”, - this is how one of the legal positions of the Supreme […]