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Application of claimant for suspension of enforcement proceedings

  Name of claimant   
  Address   
  Telephone number   
  E-mail address   
  Enforcement case no.   
 
Tartu bailiff
Oksana Kuchmei
Ülikooli 2 (5th floor), Tartu 51003
info@tartutaitur.ee		    
 
Application
for suspension of enforcement proceedings


Pursuant to clause 46 (1) 1) of the Code of Enforcement Procedure, I ask the bailiff to suspend the enforcement proceedings commenced
against   
on the basis of the Code of Enforcement Procedure    .
 
Please leave all of the enforcement actions carried out by the bailiff in force for the time of suspension of the enforcement proceedings.
Please release the debtor’s current accounts from seizure for the time of suspension of the enforcement proceedings.
Please release the debtor’s wages from seizure for the time of suspension of the enforcement proceedings.
Please leave the notations on prohibition set on the debtor’s assets in force.

I will inform the bailiff in writing of my wish to resume the enforcement proceedings.

If the claim is partly or fully satisfied directly to the claimant during the suspension of the enforcement proceedings, I will inform the bailiff about this when the enforcement proceedings are resumed.
 
I confirm that the submitted data are correct.
applicant’s first name and surname, signature or digital signature date
 
Legal basis: §§ 46 and 47 of the Code of Enforcement Procedure.
 
A bailiff suspends enforcement proceedings:
1) on the basis of an application of a claimant;
2) upon submission of a court decision if, according to the decision, the enforcement proceedings or the enforcement action must be suspended;
3) upon submission of a court decision if, according to the decision, the enforcement action may be performed or the enforcement proceedings may be continued only against security;
4) upon submission of a written certificate if it is evident from the certificate that the payment term of a claim filed for enforcement is postponed;
5) if a debtor acquires restricted active legal capacity, until a guardian is appointed to them;
6) upon the death of the spouse or an ascendant or descendant or a sister or brother of a debtor – on the basis of an application as of the date of death for the term of 30 days;
7) if a right entered in the land register in respect of an immovable that is the object of enforcement proceedings becomes evident provided that the right precludes or impedes the sale of the immovable;
8) on another basis provided by law.
A bailiff may suspend enforcement proceedings:
1) if a complaint is filed against the activities of the bailiff;
2) if a debtor becomes seriously ill or inpatient health services are provided to them;
3) if the debtor is in compulsory military service, alternative service or reserve service;
4) on another basis provided by law.

If enforcement proceedings are suspended, the enforcement actions performed will remain in force. If enforcement proceedings are suspended, a bailiff will send the decision on suspension of enforcement proceedings immediately to the third party who enforces the bailiff’s instrument of seizure with respect to the property of a debtor. Fulfilment of a claim on the basis of an instrument of seizure is suspended for the time of suspension of enforcement proceedings. Notations concerning prohibition on the property of the debtor remain in force. Enforcement proceedings are resumed after the circumstance that caused the suspension ceases to exist. If enforcement proceedings are resumed, a bailiff shall forward the respective information to the third person obligated with respect to a debtor and such information shall be the basis for continuation of the enforcement of the instrument of seizure.