New state enforcement fees revealed - Instruction enters into force. How much do debtors pay, from property to fines
The government has determined new fixed fees that will be applied by state bailiffs, some of which are increasing compared to those applied so far.
Referring to the joint instruction of the Minister of Finance and the Minister of Justice, published in the Official Gazette, the enforcement fees for the enforcement of titles containing a liability value of 1-500 thousand lek, vary progressively from 6 thousand to 30 thousand lek. The maximum limit of this fee has been doubled.
The fixed enforcement fees in percentage for the values of the obligation starting from 500 thousand lekë are at the level of 5.5 percent and are then applied in a discount for larger values. While for values ranging from 30-90 million lekë, the percentage applied is 1.65%.
For values over 90 million lek, the fixed fee is 1.1%, in other words no less than 1.48 million lek and a maximum of up to 2.5 million lek.
The guidance also details non-monetary and non-assessable obligations, where fixed fees are linked to the minimum basic wage.
For the release and possession of immovable property, the fixed fee is calculated at the rate of 2 minimum monthly salaries when the property does not have a determined value. If the property has a reference value (according to the Cadastre or an expert), the fee is calculated as a percentage of the value, according to the table of monetary obligations.
For the collection of the child and granting visitation rights, the fixed fee is 5,000 lek.
The fixed fee associated with the execution of the maintenance obligation measure is zero lek.
Criminal/Administrative Fines, the fee is 10% for values up to 100,000 lek and 5% for values over 100,000 lek.
For court decisions on securing a lawsuit, the fee is determined according to its value. When the lawsuit is worth up to 500 thousand lek, ¼ of the minimum basic salary is applied; from 500 thousand to 2 million lek, the fee is half of the basic salary.
According to the instruction, the fixed fee is prepaid by the creditor, but at the end of the execution it is charged to the debtor. The relevant VAT rate is also applied to all the fees provided.
The main categories that are exempt from the obligation to prepay the fixed fee at the time of initiating the procedure are entities that benefit from legal aid guaranteed by the state or that are excluded due to insolvency; The entity that presents for execution a court decision on civil rights in criminal proceedings; The creditor party that presents for execution a final decision of the administrative court; State Administration Bodies for the execution of decisions on administrative offenses.
10% of the income obtained from carrying out enforcement actions is transferred to the State Enforcement Service, while 90% is paid into the state budget.
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