maksekuludest

Maksekuludest is the Estonian legal term for the costs that arise in enforcement proceedings aimed at collecting a debt or enforcing a court decision. Maksekulud can include fees charged by the court and by enforcement agents (kohtutäitur), service of documents, storage and sale costs for seized assets, and other necessary expenses incurred during the enforcement process. They may also cover related expenses such as expert opinions or translations if required for the enforcement.

Typically, maksekulud are borne by the debtor, the person against whom the enforcement is directed. However, the creditor may be awarded or reimbursed part or all of the maksekulud by the court as part of the enforcement decision, especially if the enforcement is successful or if the debtor’s conduct warrants it. If the debtor cannot pay due to financial hardship or if the costs are disproportionately high, the court can reduce, defer, or waive certain costs in accordance with statutory provisions.

Calculation and recovery of maksekulud follow applicable laws and regulations that set the tariffs for bailiff fees and related court costs. The enforcement authority issues a statement of costs, and the debtor is typically required to settle the amount within a specified period. In cases with multiple enforcement actions, the total maksekulud may accumulate and be added to the principal debt.

Maksekulud influence the overall cost of debt recovery and the decision to pursue enforcement. They affect both creditors, who weigh the likelihood of recovering the costs, and debtors, who assess the financial implications of enforcement.

See also: debt collection, enforcement proceedings, bailiff (kohtutäitur), court costs.