Täitemenetluses

Täitemenetlus refers to the legal enforcement procedure in Estonian law. It is the process by which a creditor can enforce a court judgment or other legally enforceable document to satisfy a debt owed by a debtor. This procedure is primarily governed by the Law of Enforcement Procedure (Täitemenetluse seadus). The goal of täitemenetlus is to compel the debtor to fulfill their obligations through various coercive measures.

The procedure is initiated by a creditor filing an application for enforcement with an enforcement officer (täitur). The enforcement officer then acts as an impartial intermediary, tasked with carrying out the enforcement proceedings. They have broad powers to investigate the debtor's assets and income, and to take steps to seize and sell these assets to satisfy the debt.

Common enforcement measures include seizing bank accounts, garnishing wages, and seizing movable or immovable property. The enforcement officer can also impose prohibitions on the debtor, such as preventing them from leaving the country or selling certain assets. The specific measures employed depend on the nature and amount of the debt, as well as the debtor's financial situation.

The Law of Enforcement Procedure aims to balance the interests of both creditors and debtors, ensuring that enforcement is conducted fairly and efficiently. There are provisions for debtors to appeal enforcement actions or to request installment payments if they are unable to meet the debt obligation in a lump sum. The enforcement officer plays a crucial role in managing these proceedings and ensuring compliance with the law.