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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.
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 Court reads.
Unfortunately, unscrupulous creditors often abuse this tool. Here are the most common violations to look out for:
The only lawful way to cancel it is a court claim. There are no other out-of-court procedures.
| Circumstance | Explanation |
|---|---|
| Existence of the debt | Did the debt to the creditor actually exist? |
| Amount of the debt | Does the stated amount correspond to the real size of the debt? |
| Indisputability | Were there any disputes over the debt at the time the writ was made? |
| Limitation period | Has the three-year period for making the writ of execution expired? |
What is the result? If the court rules in your favour, the notary’s writ of execution will be cancelled. This will automatically become grounds for closing the enforcement proceedings and lifting all seizures from your property and accounts.
If you have encountered an unlawful writ of execution, remember that you have the right to protection. Going to court is an effective tool that will help you defend your interests and restore justice.
It is a notary’s order for the recovery of a debt or property without a court hearing, which has the force of an enforcement document.
Yes, a writ of execution can be challenged in court if it was made with violations or over a disputed debt.
The lack of indisputability of the debt, violation of the procedure for making the writ, expiry of the deadlines, or improper notification of the debtor.
Urgently contact a lawyer, assess the grounds, and if there are violations, challenge the writ and stop the enforcement.
Yes, a lawyer will help identify violations, prepare the claim and stop unlawful enforcement.
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