Jõustamismenetlus

Jõustamismenetlus refers to the legal process in Estonia by which a court judgment or other enforceable document is implemented. This process is primarily handled by bailiffs, known as täite prosedur. The purpose of jõustamismenetlus is to ensure that court decisions and other legally binding orders are fulfilled.

The initiation of jõustamismenetlus typically begins when a creditor files an application with a bailiff, providing the enforceable document and requesting its enforcement. The bailiff then reviews the application and, if valid, commences the enforcement proceedings. This can involve a range of actions aimed at compelling the debtor to comply with the court order.

Common enforcement measures include seizing assets, such as bank accounts, movable property, or immovable property, and selling them to satisfy the debt. Bailiffs can also enforce wage garnishments, preventing a portion of the debtor's salary from being paid directly to them and instead directing it to the creditor. In cases involving non-monetary obligations, such as the return of property or the performance of a specific action, the bailiff can also take steps to ensure compliance.

Throughout the jõustamismenetlus, both the creditor and the debtor have certain rights and obligations. The debtor has the right to be informed about the proceedings and to raise objections, while the creditor has the right to receive satisfaction of their claim. The process is governed by the Law of Execution Procedure (täitemenetluse seadus), which outlines the rules, procedures, and powers of bailiffs. The ultimate goal is to provide an effective mechanism for enforcing legal judgments and resolving disputes.