New disciplinary procedures against bailiffs - Microcredit fraud changes the law. Problem, files and customer logs
Private bailiffs will be subject to new disciplinary procedures. The draft act that will amend the 2019 law on the private judicial enforcement service, which is triggered by the fraud that two microcredit institutions and some bailiffs perpetrated against citizens, has been published for public consultation.
Article 43 on the submission of documentation after the revocation of the private bailiff's license will be completely amended.
The purpose of the intervention is to address the current situation faced by the Ministry of Justice, which has revoked licenses and de-registered bailiffs from the Register of Bailiffs, while in none of these cases has it managed to receive active files/cases. and their enforcement archive, causing serious consequences for the parties to these enforcement processes, both in the case of debtors (remaining effective seizures) and creditors, to whom the interests have been violated by the non-following of the procedural actions left in the middle, or their resumption by the enforcement entities that are active.
This situation is extremely problematic and causes direct damage to citizens who have files for execution with these bailiffs.
Therefore, until today, the mechanism that considers the minister's order to revoke the license as an executive title, which will have to be executed by the executive (state) service to receive the files and archives in these cases, is not neither effective nor sufficient.
Unfinished enforcement cases, the means of professional identification and the register of enforcement cases will be taken over by the person authorized by the Minister of Justice and a representative of the Chamber and will be handed over to the substitute bailiff. In the case of deregistration from the registers of private bailiffs, the archive created since the beginning of the institution's activity is also submitted.
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