Bailiff tariffs leave individuals struggling

Tirana Times
By Tirana Times May 30, 2019 16:55

Bailiff tariffs leave individuals struggling

TIRANA, May 28- Execution of executive titles by bailiff offices often violates the vital interests of individuals, as  the vital minimum remains uncertain. More clearly, the individuals who have to pay the debts or monetary obligations imposed by the bailiff offices are usually left with so little money they cannot afford livelihood.

The Ombudsman's report on the activity of the institution in 2018 raises a number of problems encountered in the private and state bailiff service in the country. Specifically, 32 complaints were filed with the Office of the People's Advocate against the State Bailiff over the past year, and 11 complaints against the Private Bailiff. The number of complaints to the State Bailiff was three times higher than the number of complaints against the Private Bailiff during 2018.

“A problem identified in previous years by the People's Advocate, in the process of execution of final court decisions, with object the obligation of the private debtor to pay certain amounts in cash, remains the non-determination of the official minimum of vitality of the individual. Under these conditions, in the case of implementation of execution actions for the mandatory enforcement of the executive title on the monthly income of the debtor, situations arise in violation of his vital interests,” reports the Ombudsman in the report.

The same document states that the execution process of executive titles on real estate for collecting monetary liabilities has been impeded due to the non-expulsion by the Council of Ministers of the respective decision for defining the methodology in determining the value of the item of property sequestered by the Bailiff's Service.

“Failure to comply with this sub-legal act does not allow implementation of execution actions in the process of mandatory enforcement of executive titles at the stage for which the bailiff will have to comply with the above mentioned provisions of Law 114/2016,” the report writes.

Another element that the People's Advocate Office brings to attention is about determining the housing rate for the individuals whose house is taken because of their obligation. According to the report this point needs to be subject to review in the Assembly where the determination of the housing rate as an item on which the sequestration measure can not be imposed in the process of enforcement of executive titles should be clarified. This has created premises for the extreme reduction of the living standard for the debtor especially when he shares this residence and/or real estate with his family. Thus the Ombudsman requests the exemption from seizure of housing with an aim to ensure the effective exercise of the right to housing each individual holds.

Another highlighted element in the 2018 report is regarding economic aid and its assignment as an item on which the sequestration measure could be imposed. The issue of determining the economic or health care assistance of the debtor as an item on which the measure of seizure can not be imposed in the process of execution of executive titles must be a subject of legislative review by the Assembly of the Republic of Albania. The Ombudsman has sent some recommendations to the Ministry of Justice for changing some criminal law, but as these suggestions have been accepted in principle, the adoption of the amendment initiative has not yet been completed.

Tirana Times
By Tirana Times May 30, 2019 16:55