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Code of Enforcement Procedure

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Issuer:Riigikogu
Type:act
In force from:01.03.2016
In force until:31.12.2016
Translation published:09.02.2016

Part 1 GENERAL PROVISIONS  

Chapter 1 ENFORCEMENT INSTRUMENTS AND ENFORCEMENT ORDERS  

§ 1.  Scope of application of Code

  This Code provides for the rights and obligations of debtors, claimants and bailiffs and the procedure for the execution of enforcement instruments.

§ 2.  Enforcement instruments

 (1) On the basis of this Code, claims arising from the following enforcement instruments shall be fulfilled:
 1) court judgments and rulings which have entered into force or are subject to immediate enforcement in civil matters;
 2) judgments and rulings of administrative courts which have entered into force or are subject to immediate enforcement and concern the costs of proceedings and other public law claims for payment, and which concern the ordering of payment of compensation for damage caused in public law relationships and ensuring the fulfilment of financial claims;

[RT I, 31.01.2014, 6 - entry into force 01.02.2014]
 3) court judgments and rulings which have entered into force in criminal matters concerning criminal punishments consisting of claims for payment, procedure expenses and other claims for payment in criminal procedure;
 4) court judgments and rulings which have entered into force in misdemeanour matters concerning fines imposed as punishment for misdemeanours, the costs of misdemeanour proceedings and other public law claims for payment;
 5) decisions by courts of foreign states declared enforceable in Estonia or subject to enforcement without recognition;

[RT I, 31.12.2014, 1 - entry into force 10.01.2015]
 51) official documents of foreign states declared enforceable in Estonia or subject to enforcement without recognition;

[RT I, 31.12.2014, 1 - entry into force 10.01.2015]
 6) decisions of arbitral tribunals permanently operating in Estonia and decisions of another arbitral tribunals, which are declared to be subject to enforcement;
 7) decisions of labour dispute committees and lease committees which have entered into force;
[RT I, 11.04.2014, 1 - entry into force 01.10.2014]
 71) decisions of the public procurement appeals committee concerning claims for payment which have entered into force;

[RT I 2007, 15, 76 - entry into force 01.05.2007]
 72) decisions of the court of honour of the Bar Association entered into force;

[RT I, 21.12.2012, 1 - entry into force 01.03.2013]
 8) agreements entered into in the proceedings conducted by out-of-court dispute settlement bodies provided by law, including agreements approved by the Legal Chancellor in conciliation proceedings;
 9) decisions and rulings of extra-judicial bodies concerning fines imposed as punishment for misdemeanours, claims for payment of cautionary fines imposed in written caution proceedings, costs of misdemeanour proceedings and other public law claims for payment;
[RT I 2008, 54, 304 - entry into force 27.12.2008]
 10) orders of investigative bodies or a Prosecutor's Office for collection of information needed to impose fines to the extent of assets or for deciding confiscation of property which was obtained by a criminal offence, and for reimbursement of the expenses relating to criminal proceedings in pre-trial proceedings, and orders of a Prosecutor's Office for recovery of compensation for damage caused in offence proceedings;

[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 11) administrative acts on the basis of which penalty payments and costs of substitutive enforcement are collected;
 12) administrative acts issued by tax authorities concerning compulsory enforcement of tax liabilities and other financial obligations;
 13) precepts for the collection of state fees issued by the administrative agency which performed an act subject to a state fee;
 14) decisions of county governors in expropriation proceedings regarding immovables;
 141) decisions of the Minister responsible for the area in expropriation proceedings regarding immovables;
[RT I, 13.06.2012, 1 - entry into force 23.06.2012]
 142) decisions of rural municipality governments or city governments in expropriation proceedings regarding immovables;
[RT I, 13.06.2012, 1 - entry into force 23.06.2012]
 15) statements of compulsory auctions on the basis of which a person who purchases an immovable is entered in the land register as the owner of the immovable, upon reclamation of possession of the immovable;
 16) bailiffs' decisions on bailiff’s fee and enforcement costs and imposition of penalty payments;

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]
 17) invoices for notary fees for notarial acts and expenses relating thereto;

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]
 171) [repealed - RT I, 23.12.2013, 1 - entry into force 01.01.2014]
 18) notarized agreements concerning financial claims according to which a debtor has consented to be subject to immediate compulsory enforcement after the claim falls due;
 181) notarized agreements concerning claims for support according to which a debtor has consented to be subject to immediate compulsory enforcement;

[RT I 2009, 68, 463 - entry into force 01.01.2010]
 19) notarized agreements which prescribe the obligation of the owner of an immovable or a ship entered in the register of ships or an object encumbered with a registered security over movables to be subject to immediate compulsory enforcement for the satisfaction of a claim secured by the mortgage, maritime mortgage or registered security over movables;

[RT I 2009, 30, 178 - entry into force 01.10.2009]
 191) notarized agreements which prescribe the obligation of the owner of a structure as a movable or a part thereof to be subject to immediate compulsory enforcement for the satisfaction of a claim secured by a pledge contract of a structure or a part thereof;
 192) notarized agreements which prescribe the obligation of the owner of an immovable to be subject to immediate compulsory enforcement for the satisfaction of a financial claim secured by a real encumbrance;

[RT I 2009, 68, 463 - entry into force 01.01.2010]
 193) agreements specified in subsection 351 (9) of the Land Reform Act and entered into in writing which prescribe the obligation of the owner of an immovable to be subject to immediate compulsory enforcement for the satisfaction of a financial claim secured by a real encumbrance;
[RT I, 14.01.2014, 1 - entry into force 24.01.2014]
 20) decisions on the imposition of a fine for delay made upon monitoring of parking;
 21) in the cases provided by law, administrative acts for the performance financial obligations in public law.
 22) decisions of the Council or of the Commission issued on the basis of Article 256 of the Treaty establishing the European Community which impose a pecuniary obligation on persons other than States;
[RT I 2006, 61, 457 - entry into force 01.01.2007]
 23) decisions of the Office for Harmonisation in the Internal Market specified in Article 82 of Council Regulation (EC) No 40/94 on the Community trade mark (OJ L 011, 14.01.1994, pp. 1–36) and Article 71 of Council Regulation (EC) No 6/2002 on Community designs (OJ L 003, 05.01.2002, pp. 1–24);

[RT I 2009, 4, 24 - entry into force 01.03.2009]
 24) agreements entered into in the course of conciliation proceedings and approved and declared to be subject to execution pursuant to the procedure provided for in Chapter 621 of the Code of Civil Procedure;
[RT I 2009, 59, 385 - entry into force 01.01.2010]
 25) agreements approved by a conciliation body pursuant to the procedure provided for in § 26 of the Conciliation Act;

[RT I 2009, 59, 385 - entry into force 01.01.2010]
 26) notarised agreements specified in subsection 14 (3) or (4) of the Conciliation Act.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) The agreements specified in clause (1) 19) of this section apply to the legal successors of owners of immovables or ships only if corresponding notations have been made in the land register or the register of ships.

 (3) Compulsory enforcement shall not be conducted on the basis of an enforcement instrument specified in clause (1) 15) of this section if the possessor possesses a thing on the basis of a right which has not expired or been terminated due to compulsory enforcement. A dispute on the extinguishment of the right shall be adjudicated by a county court on the basis of an action of the possessor.

§ 3.  Organisation of enforcement

 (1) The enforcement of enforcement instruments is organised by bailiffs, unless otherwise prescribed by law.

 (2) The legal status and disciplinary liability of bailiffs is provided for in the Bailiffs Act.

§ 4.  Territorial jurisdiction

 (1) A claim against the assets of a debtor shall be filed by a bailiff in whose territorial jurisdiction determined by a regulation of the Minister responsible for the area the residence or seat of the debtor is or in whose territorial jurisdiction the assets of the debtor are located, unless otherwise provided for in this Code.

 (2) If there are no assets against which a claim can be filed in the residence or seat of a debtor, a bailiff may continue the commenced proceedings outside of his or her territorial jurisdiction.

 (3) If a debtor leaves for the territorial jurisdiction of another bailiff and no assets against which a claim may be filed remain in the previous residence of the debtor, the bailiff who commenced the proceedings may complete the proceedings.

 (4) A bailiff shall perform enforcement actions only in the territory of the Republic of Estonia. The law of the state where the enforcement proceedings are conducted applies to the enforcement proceedings conducted in a foreign state. In order to receive information necessary for the execution of an enforcement instrument in a foreign state, a person has the right to address the Ministry of Justice of the Republic of Estonia.

§ 5.  Participants in enforcement proceedings

 (1) A person who has filed a claim for fulfilment (claimant), a person against whom a claim has been filed for fulfilment (debtor), and other persons whose rights are affected by enforcement proceedings are participants in enforcement proceedings.

 (2) Among others, persons who have the right impeding compulsory enforcement or a claim which grants the right to receive a part of the proceeds of the sale of assets, and who inform a bailiff of their right and reason the right at the request of the bailiff or participants in proceedings are participants in enforcement proceedings.

 (3) Among others, persons for whose benefit a right or an entry ensuring a right has been entered in the land register by the time a notation concerning prohibition is entered in the register are participants in enforcement proceedings regarding an immovable.

§ 6.  [Repealed - RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 7.  Refusal to perform enforcement action

 (1) A bailiff shall refuse to perform an enforcement action only for reasons provided by law.

 (2) If a bailiff refuses to perform an enforcement action, he or she shall immediately make a decision reasoning the refusal in which he or she also explains the procedure for appeal against the decision. The bailiff shall deliver the decision to the person concerned pursuant to the procedure prescribed in civil procedure.

 (3) A bailiff shall not refuse to accept procedural documents from court for delivery unless otherwise provided by law.

[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 8.  Obligations of bailiffs

  A bailiff is required to take immediately all the measures permitted by law in order to enforce an enforcement instrument, collect information necessary for enforcement proceedings and explain the rights and obligations of participants in enforcement proceedings to participants.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 9.  Removal of bailiff and requirements for impartial observers

 (1) A bailiff shall not conduct enforcement proceedings and shall remove himself or herself by a decision if he or she is:
 1) a debtor or a claimant or their representative, unless the bailiff collects enforcement costs;
 2) a descendant or ascendant or a sister, half-sister, brother or half-brother of a debtor or a claimant or if he or she has been married to a sister, half-sister, brother or half-brother of a debtor or a claimant;
 3) a step-parent or foster-parent or a stepchild or foster-child of a debtor or a claimant;
 4) an adoptive parent or adoptive child of a debtor or a claimant;
 5) a spouse of a debtor or a claimant, a person permanently living together with a debtor or a claimant, even if the marriage or permanent cohabitation has ended;
 6) is directly or indirectly interested in the compulsory enforcement or if other circumstances which create doubt as to his or her impartiality exist.

 (11) A bailiff shall also remove himself or herself in the case a person connected with the bailiff within the meaning of subsection 117 (1) of the Bankruptcy Act, an employee of the bailiff’s office or another bailiff with whom the bailiff operates a common office is a participant in the proceedings or beneficiary of the enforcement action. Transfer of an enforcement action to a bailiff’s assistant or a substitute bailiff is not a justifying circumstance.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) In the case specified in clause (1) 6) of this section, collection of a bailiff’s fee is not deemed to be a circumstance causing partiality.

 (3) On the bases specified in subsections (1) and (11) of this section, a participant in enforcement proceedings or his or her representative may submit a reasoned application for the removal of a bailiff. The application may be submitted immediately after becoming aware of the circumstance which is the basis for the removal.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (4) If a bailiff does not remove himself or herself on the basis of an application, the person who submitted the application may submit the application for the removal of the bailiff to a court within ten days after the delivery of the decision on the refusal of removal.

 (5) Upon receipt of the application specified in subsection (4) of this section, a court shall hear the opinion of the bailiff and participants in the enforcement proceedings. The court shall adjudicate a removal by a ruling.

 (6) Upon removal of a bailiff, an enforcement instrument shall be given to another bailiff on the basis of an application of a claimant. If all bailiffs servicing a territorial jurisdiction are removed, an enforcement instrument shall be given to a bailiff who is the closest to the residence or seat of a debtor on the basis of an application of a claimant for enforcement. If the claimant fails to submit an application for transfer within five working days after the delivery of the ruling, a court shall determine the transfer of the matter to another bailiff on the basis of an application of the removed bailiff.

 (7) The provisions of clauses (1) 1), 2), 5) and 6) of this section also apply to impartial observers participating in enforcement proceedings. Acting as a bailiff or employment in a bailiff’s office does not impede acting as an impartial observer.

§ 10.  Delivery of documents

 (1) A bailiff shall deliver an enforcement notice to a debtor and a statement of seizure of property and a report on an auction, and his or her decisions on the complaints filed against the activities of the bailiff and other documents provided by law to participants in the enforcement proceedings. A debtor may disclose, upon receipt of an enforcement notice, the manner in which procedural documents are to be forwarded to him or her and the contact details of the location where the documents are to be forwarded in order to be deemed to be delivered by a bailiff. A bailiff may, upon delivery of an enforcement notice or any other procedural document in person, oblige a debtor to communicate to the bailiff his or her contact details which would enable to deliver documents to the debtor. If a debtor fails to communicate his or her contact details or the contact details communicated are incorrect, a bailiff may deliver the documents, which shall be delivered according to law, to the debtor in a manner chosen by the bailiff.

[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The provisions of civil procedure regarding the delivery of procedural documents apply to delivery of documents, unless otherwise provided for in this Code. A bailiff may also deliver a document in person. The acts of a court prescribed for delivery of documents in civil procedure shall be performed by a bailiff. In the case provided for in § 327 of the Code of Civil Procedure, a bailiff may deposit the document in the bailiff’s office located in the place of delivery of the document.

 (21) A bailiff is required to perform all the acts necessary for the delivery of a procedural document received by him or her for delivery within two months as of receipt of a procedural document for delivery.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (3) If a participant in proceedings has been represented in previous court proceedings by a representative, the documents may be delivered to the representative.

 (4) A notice or other documents which need not be delivered to participants in proceedings but which affect the rights of participants in proceedings shall be delivered to the participants in the proceedings in a manner chosen by a bailiff.

 (5) If a document specified in subsection (4) of this section is sent by post, the document is deemed to have been received three days after being posted and, if a document is sent to a foreign state, seven days after being posted, unless the recipient proves that he or she received the document later or has not received the document.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 11.  Competence of court in enforcement proceedings and exclusive jurisdiction

 (1) In accordance with this Code, the following is in the competence of a county court:
 1) imposition of fines;
 2) making of rulings on the imposition of compelled attendance, detention and arrest regarding persons;
 3) grant of search permits;
 4) review of complaints filed against decisions of bailiffs;
 5) adjudication of actions related to enforcement proceedings;
 6) appointment and release of compulsory administrators;
 7) making other decisions in the cases prescribed in this Code.

 (2) The matters specified in subsection (1) of this section are in the exclusive jurisdiction of a county court in the territorial jurisdiction of which the enforcement proceedings are conducted or should be conducted.

 (3) Instead of the judge, an assistant judge may make court rulings concerning the imposition of fines and compulsory administration provided for in this Code.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

Chapter 2 PREREQUISITES FOR ENFORCEMENT OF ENFORCEMENT INSTRUMENT  

§ 12.  Notation on entry into force of enforcement instrument

 (1) A court decision which has entered into force or a decision of a labour dispute committee and a lease committee which has entered into force and which bears a notation on entry into force shall be accepted for enforcement. A notation on entry into force shall not be appended to a decision subject to immediate enforcement.

[RT I, 11.04.2014, 1 - entry into force 01.10.2014]

 (2) A notation on entry into force to a decision of a labour dispute committee and lease committee shall be issued by the corresponding committee after the entry into force of the decision.

[RT I, 11.04.2014, 1 - entry into force 01.10.2014]

 (21) The Ministry of Justice shall annex a confirmation concerning execution of the decision to an enforcement instrument specified in clause 2 (1) 22) of this Code.

[RT I 2006, 61, 457 - entry into force 01.01.2007]

 (22) The Patent Office shall annex a confirmation concerning execution of the decision to an enforcement instrument specified in clause 2 (1) 23) of this Code.

[RT I 2009, 4, 24 - entry into force 01.03.2009]

 (3) An enforcement instrument specified in subsection (1) and (2) of this section may be also accepted for enforcement without a notation on entry into force and without the submission of the document in physical form if entry into force of the decision can be verified in another technically secure manner. The Minister responsible for the area may establish more specific requirements for verification in another manner of the entry into force of enforcement instruments.

 (4) A bailiff has the right to terminate proceedings if it becomes evident that an enforcement instrument was accepted for processing in violation of the requirements of this section.

§ 13.  Enforcement proceedings regarding property of spouse

 (1) The fact that a movable in the possession of a spouse who is a debtor or in the common possession of spouses is in the ownership of the spouse who is a debtor is presumed to be the benefit of a claimant in enforcement proceedings regarding the property of the spouse. A bailiff may seize and sell the specified movable. This presumption shall not apply if the spouses live separately and the movable is in the possession of the spouse who is not the debtor.

 (2) In the case of a thing which, due to its nature, is suitable for the personal use of one spouse, it is presumed that the thing belongs to the spouse who should use the thing arising from the nature of the thing.

§ 14.  Making claim for payment on joint property of spouses

 (1) Making a claim for payment on the joint property of spouses is permitted with the consent of the spouse who is not a debtor if an enforcement instrument which requires both spouses to perform the obligation exists.

 (2) A claimant may demand that joint property be divided and a claim for payment be made on the part of the joint property belonging to a debtor. The limitation period for division of joint property is one year as of the date on which enforcement proceedings for the satisfaction of a claim out of the separate property of the debtor failed.

§ 15.  Making claim for payment on partnership property

  In order to make a claim for payment on partnership property, an enforcement instrument applying to all partners is required.

§ 16.  Continuation of enforcement proceedings after death of debtor

 (1) Enforcement proceedings initiated before the death of a debtor continue in respect of the estate of the debtor, unless otherwise prescribed by law.

 (2) If an enforcement action has to be performed in the presence of a debtor or the debtor has to be informed of the action, a court shall designate a temporary representative for a successor on the basis of an application of a claimant if the estate has not yet been accepted, the successor is not known or it is not known whether the successor accepts the estate. A representative shall not be designated if the estate is administered by an administrator or an executor of the will.

§ 17.  Enforcement proceedings before expiry of term for renunciation of succession or acceptance of estate

  Before the expiry of the term for the renunciation of an estate or the acceptance of succession, enforcement proceedings on the basis of a claim against an estate may be conducted only in respect of the estate. In this case, a claim for payment shall not be made against the estate on the basis of the personal obligations of the successor.

§ 18.  Acceptance of enforcement instrument for enforcement upon transfer of legal succession and possession of property

 (1) If an enforcement instrument also applies to the legal successor of a claimant or a debtor indicated therein, a bailiff shall accept the enforcement instrument for enforcement if the legal succession has been proven to the bailiff by a court decision, an extract from the public register or a notarized document. The same applies to the enforcement of a court decision in respect of the possessor of the disputed thing if the possessor has changed after the court decision is made.

 (11) Transfer of maintenance claim to the state pursuant to subsection 10 (1) of the Maintenance Allowance Act is proved by a decision to grant maintenance allowance.
[RT I 2007, 25, 130 - entry into force 01.01.2008]

 (2) The provisions of subsection (1) of this section apply to a successor also if a court decision made in respect of a provisional successor or an executor of the will applies to the successor.

 (3) If a claimant fails to prove the transfer of rights by a document specified in subsection (1) of this section, the claimant may file an action against a debtor seeking recognition of the transfer of a right or obligation arising from an enforcement instrument.

§ 19.  Beginning of enforcement proceedings in case of temporary claim or contingent claim

 (1) If the falling due of a claim contained in an enforcement instrument depends on the expiry of a term or fulfilment of a condition or due date, the enforcement acts may be commenced after the expiry of the term or fulfilment of the condition or due date.

 (2) Fulfilment of the conditions shall be proved to a bailiff by written documents.

§ 20.  Enforcement proceedings depending on security of claimant

  If enforcement proceedings depend on the security of a claimant, enforcement proceedings may be commenced only if grant of security is certified by a written document and the copy of the document has been delivered to a debtor or is delivered to the debtor together with the enforcement notice.

§ 21.  Simultaneous mutual enforcement

 (1) If the execution of an enforcement instrument depends on the concurrent performance of the obligation of a claimant to a debtor, a bailiff shall not commence enforcement proceedings before the obligation of the claimant has been performed or if the claimant or bailiff has offered to the debtor performance of the obligation of the claimant and the debtor has unjustifiably refused to accept the performance or has delayed acceptance of the performance for other reasons.

 (2) An offer specified in subsection (1) of this section need not be made if a claimant submits a written document certifying that the obligation of the claimant has been performed or that a debtor delays acceptance of the performance and a copy of the document has been communicated to the debtor or is communicated to the debtor together with the enforcement notice.

§ 22.  Issue of document necessary for enforcement to claimant

  If a claimant needs a right of succession certificate or another document for compulsory enforcement, the claimant may, instead of a debtor, demand that a notary or an administrative agency issue such. In this case, the claimant shall submit the enforcement instrument.

Chapter 3 GENERAL CONDITIONS FOR ENFORCEMENT PROCEDURE  

Division 1 Commencement of Enforcement Proceedings  

§ 23.  Submission of application for enforcement and enforcement instrument

 (1) A bailiff shall conduct enforcement proceedings on the basis of an application of a claimant (hereinafter application for enforcement) and an enforcement instrument. A bailiff shall conduct enforcement proceedings regardless of the application of the claimant if a decision on payment of the bailiffs’ fee or on ordering payment of the enforcement costs constitutes the enforcement instrument, and in other cases provided by law.

 (2) An application for enforcement shall be submitted to a bailiff in writing and it shall set out:
 1) the name of the bailiff;
 2) the name, personal identification code or date of birth, residence and telecommunications numbers of a claimant and a debtor and in the case of a legal person its registry code and in the absence of the registry code a reference to the legal basis for the legal person, its seat and telecommunications numbers;
 3) if, upon submission of the application, the claimant is represented by a representative, the name of the representative and the legal basis for the representation;
 4) if possible, information on the assets of the debtor.

 (3) If a claimant wishes to make a claim for payment on an immovable, an application shall, if possible, also set out information on the immovable on which the claim for payment is to be made. In the case of several immovables, the claimant shall specify against which immovable the claimant wishes to make the claim for payment.

 (4) An enforcement instrument shall be appended to an application for enforcement. An enforcement instrument shall be submitted as an original document or as a copy which is authenticated notarially or pursuant to the procedure equivalent to notarial authentication. A court judgment may be submitted as a copy certified by the court office. An enforcement instrument issued by a body conducting extra-judicial proceedings in misdemeanour procedure shall be appended as a copy certified by the body conducting the proceedings.

 (41) In the case of the enforcement instruments specified in clauses 2 (1) 19) and 191) of this Act, a pledge contract, security agreement and the basis for the principal and collateral claims and detailed calculation shall be submitted to a bailiff.

[RT I, 06.12.2010, 1 - entry into force 05.04.2011]

 (42) If a community of apartment owners wishes to make a claim for payment on an apartment ownership, documentation concerning the amount fallen due of the liabilities specified in subsections 13 (4) of the Apartment Ownership Act and the basis for further cost accounting shall be appended to the application for enforcement.
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

 (43) If an apartment association wishes to make a claim for payment on an apartment ownership, documentation concerning the amount fallen due of the liabilities specified in subsections 7 (3) of the Apartment Associations Act and the basis for further cost accounting shall be appended to the application for enforcement.
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

 (5) If an application for enforcement is submitted by a representative on behalf of a claimant and a bailiff cannot immediately verify the existence of the right of representation, a document certifying the right of representation shall be appended to the application.

 (6) An application for enforcement and an enforcement instrument may be submitted by electronic means. The application shall bear the digital signature of the sender or be communicated in any other technically secure manner. The Minister responsible for the area may establish technical requirements for electronic submission of applications for enforcement and enforcement instruments.

§ 231.  Distribution of claims of public authorities

  [RT I, 05.03.2015, 2 - entry into force 06.03.2015]

 (1) The procedure for distribution of claims of public authorities between bailiffs shall be established by a regulation of the Government of the Republic.

 (2) The Government of the Republic may specify, in the procedure for distribution of claims of public authorities between bailiffs, the group of persons and claims covered by the procedure and the terms and conditions of filing of claims subject to execution in enforcement proceedings in the case of information technology failures.

 (3) The state, a state body, a local government authority or a body thereof or any other legal person in public law shall file claims for execution in enforcement proceedings pursuant to the procedure for distribution of claims of public authorities between bailiffs.

 (4) Other public authorities not specified in subsection (3) of this section shall file public law claims for execution in enforcement proceedings pursuant to the procedure for distribution of claims of public authorities between bailiffs.

 (5) Claims of public authorities covered by the procedure for distribution of claims of public authorities between bailiffs shall be filed for execution only through the Chamber of Bailiffs and Bankruptcy Trustees (hereinafter Chamber) by means of forwarding the respective claims to the Chamber through the information system for filing and distribution of claims of public authorities. In this case, a bailiff shall not accept any claim covered by the specified procedure for execution in a manner other than through the Chamber.
[RT I, 05.03.2015, 2 - entry into force 06.03.2015]

§ 24.  Delivery of enforcement notices to debtors

 (1) If the conditions for the commencement of enforcement proceedings are complied with, a bailiff shall deliver an enforcement notice to a debtor. The format of enforcement notices shall be established by the Minister responsible for the area.

 (2) Upon delivery of an enforcement notice to a debtor, enforcement proceedings are deemed to have commenced. Upon calculation of compliance with and suspension of the term and the incurred enforcement costs, the time when a bailiff receives the application of a claimant, if the enforcement notice is delivered to a debtor, is deemed to be the beginning of enforcement proceedings.

 (3) An enforcement notice shall set out:
 1) the name of both a claimant and a debtor;
 2) the marking of the enforcement instrument;
 3) a proposal for voluntary compliance with the enforcement instrument and the term for voluntary compliance;
 4) a warning that upon failure to voluntarily comply with the enforcement instrument, enforcement actions may be taken in respect of a debtor;
 5) a reference to the right of the debtor to apply for meeting the bailiff in connection with the enforcement instrument;
 6) a reference to the right of the debtor to submit an action for the compulsory enforcement to be declared inadmissible pursuant to the procedure prescribed in this Code and the term for the submission of the action;
 7) a reference to the right of the debtor to pay the bailiff’s basic fee at half the amount if the debtor complies with the enforcement instrument within the prescribed term.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (4) A copy of the enforcement instrument shall be appended to an enforcement notice.

 (5) In the case of an enforcement notice which is to be delivered publicly, the enforcement notice is deemed to be delivered to a debtor ten days after publication in the publication Ametlikud Teadaanded. Information published in the publication Ametlikud Teadaanded shall be determined by a regulation of the Minister responsible for the area.

[RT I 2006, 55, 412 - entry into force 01.01.2007]

§ 25.  Term for voluntary compliance with enforcement instrument

 (1) If no term is specified for voluntary compliance with an enforcement instrument by law or a court decision, the term shall be specified by a bailiff. The term shall not be shorter than 10 days or longer than 30 days, unless otherwise prescribed in this Code. With the consent of a claimant, the bailiff may specify a term for voluntary compliance with an enforcement instrument which is longer than 30 days.

 (2) Upon compliance with an enforcement instrument before the expiry of the term for voluntary compliance with the enforcement instrument, a debtor may be required to pay the bailiff’s basic fee only in the amount of one-half of the fee prescribed by law.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

Division 2 Rights of Bailiffs  

§ 26.  Right to demand information

 (1) A bailiff has the right to demand that a debtor submit oral and written information necessary for enforcement proceedings and present a document or another object necessary for enforcement proceedings. A bailiff has the right to demand that a person submit an identity document in enforcement proceedings and the person is obliged to submit the respective document to the bailiff.

 (11) A bailiff shall ascertain why a child support debtor does not comply with the obligation to maintain the child, what is his or her income and how he or she intends to liquidate the maintenance arrears. For this purpose, the bailiff shall question the debtor at least every two months as of the last collection of maintenance support, in the case of failure to collect the maintenance support as of the last contact with the debtor. Priority must be given to direct questioning of the debtor. The debtor's answers are recorded in the enforcement file.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (2) A bailiff has the right to address a third person in order to receive oral and written information necessary for enforcement proceedings and to also request information concerning the residence or seat and contact details of a debtor if there is reason to presume that the third person has such information. A bailiff has the right to demand data concerning the claim for payment of a debtor required for enforcement proceedings and other benefits from the employer of the debtor and from other persons obligated with respect to the debtor. A third person is required to submit information unless he or she has the right pursuant to law to refuse to disclose information.
[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (3) A bailiff may demand that a credit institution submit information on the accounts and deposits of a debtor and the use of other services offered to the debtor by the credit institution, and the registrar of the Estonian Central Register of Securities submit information on the securities account of a debtor.

 (4) A bailiff has, on the basis of an enforcement instrument submitted for enforcement, the right to demand that the chief processor of a state or local government database submit information on a debtor’s residence, employer, sources of income, dependants and the property belonging to the debtor and on obligations which encumber the property and the rights and authorisations of the debtor specified subsection 1772 (1) of this Code. The chief processor of the database is required to submit the information immediately in writing or electronically.
[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

§ 261.  Imposition of penalty payment

 (1) A bailiff shall make a decision for the performance of an obligation and a warning concerning the imposition of a penalty payment:
 1) to a person required to provide information in the case of failure to perform the obligation provided for in § 26 of this Act;
 2) to a third person obligated with respect to a debtor if the third person refuses without legal basis to enforce the instrument of seizure or does not enforce it as required.

 (2) The written warning specified in subsection (1) of this section shall include:
 1) the given name and surname and address of the addressee or the name and postal address of the legal person;
 2) the decision compliance with which is requested;
 3) the date by which the decision can be voluntarily complied with;
 4) if the decision contains an obligation to refrain from a certain act, the date need not be indicated;
 5) the amount of the penalty payment applied upon failure to comply with the decision;
 6) the name of the bailiff which issued the warning;
 7) the date on which the warning was prepared.

 (3) The term for voluntary compliance with a decision granted in a warning shall allow the addressee to perform the obligation.

 (4) The prescribed amount of penalty payment is indicated in a warning to impose penalty payment. If penalty payment is imposed for the first time, the amount thereof shall not be less than 192 euros or more than 767 euros, and upon repeated imposition of penalty payments the amount thereof shall not be more than 1917 euros.

 (5) A bailiff may impose penalty payments on natural persons, legal persons governed by private law or legal persons governed by public law. No penalty payments are imposed on state and local government agencies.

 (6) Penalty payments shall be collected into the state budget.

 (7) Penalty payments may be imposed if a valid decision is communicated to an addressee and the decision is not complied with during the term indicated in a warning. The decision and the warning shall be delivered to the obligated person pursuant to the procedure provided for in section 10 of this Code.

 (8) The bailiff which made a decision may postpone the imposition of penalty payments at a reasoned request of the addressee of penalty payments and issue a new warning where a new term is set for compliance with the decision. The term shall not be longer than two months.

 (9) A bailiff may repeatedly impose penalty payments on a person until the obligation is performed or an appeal is filed against the decision made concerning the imposition of penalty payment.

 (10) No penalty payments shall be imposed, if:
 1) the bases for the imposition of penalty payments provided for in subsection (7) of this section have ceased to exist;
 2) the provision of law which was the basis of the decision is repealed;
 3) the imposition of penalty payments is postponed.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 27.  Hindering of enforcement

 (1) If enforcement is hindered or there is reason to presume hindering, a bailiff may apply for the involvement of a police officer in an enforcement action.

 (2) A bailiff has the right to remove a person who hinders enforcement from the enforcement action.

§ 28.  Search of premises, plots of land and debtor

 (1) With the consent of a debtor, a bailiff may enter the premises in the possession of the debtor or stay on plots of land in the possession of the debtor or search these only if necessary for the execution of an enforcement instrument. In this case, the bailiff has the right to open closed house and apartment doors and storage spaces or have these opened.

 (11) A bailiff searches any premises and plot of land in the possession of a child support debtor at least every year as of the last collection of maintenance support, in the case of failure to collect the maintenance support as of the last search of the premises and plot of land in the possession of the debtor.
[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (2) Without the consent of a debtor, it is permitted to enter premises in the possession of the debtor or stay on plots of land in the possession of the debtor or search these only on the basis of a court ruling.

 (21) The court ruling specified in subsection (2) of this section may be made without the debtor having previously refused the bailiff to enter the premises and plot of land in his or her possession or search these.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (3) Persons in whose common or direct possession the premises or plots of land which comply with the requirements provided for in subsections (1) and (2) of this section are shall also tolerate the search of the premises and plots of land.

 (4) Before the beginning of a search, a bailiff shall present a court ruling and give a copy of the ruling to a debtor.

 (5) A debtor may be searched only on the basis of a court ruling. A person may be searched only by a bailiff who is of the same sex as the person to be searched, and in the presence of impartial observers who are of the same sex as the person to be searched. If a bailiff is not of the same sex as the person to be searched, the bailiff has the right to involve a police officer who is of the same sex as the person to be searched in the search.

 (6) A court shall make a ruling specified in this section not later than on the working day following the receipt of the application from a bailiff.

§ 29.  Summoning of impartial observer to enforcement action

  If enforcement is hindered or there is reason to presume that it is hindered or if a debtor, a representative of the debtor, an adult family member of the debtor or a person who is in the service of the family is not present at the enforcement action performed on the premises or a plot of land of the debtor, a bailiff shall summon two adult impartial observers, a representative of the local government or a police officer to the enforcement action.

§ 30.  Enforcement on days off and in night time

  Enforcement actions on days off, public holidays and in the night time from 22:00 to 06:00 are performed only in cases of urgency.

§ 31.  Fulfilment of financial claim in prison

 (1) A prison shall transfer each month the amount to be withheld from the remuneration of a prisoner or other money received by the prisoner to the official bank account of the bailiff who sent the financial claim for fulfilment. The amount to be withheld shall be calculated pursuant to § 44 of the Imprisonment Act.

 (2) In order to distribute the money received by a prisoner, a bailiff shall prepare a calculation and transfer the money to claimants.

§ 32.  Proof of rights of bailiff

  A bailiff shall prove by an enforcement instrument to debtors and third persons his or her right to perform enforcement actions, including the right to accept payments and performance of other obligations. A claimant cannot rely on the fact that the bailiff does not have the right to perform the enforcement action in respect of debtors or third persons.

§ 321.  Adjustment

 (1) If necessary, a bailiff shall adjust a measure or order on the basis of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, pp. 1-32) or factual elements on the basis of Regulation (EU) No 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters (OJ L 181, 29.06.2013, pp. 4-12).

 (2) A bailiff shall notify creditors and debtors in writing of adjustment of a measure or order on the basis of Regulation (EU) No 1215/2012 of the European Parliament and of the Council and adjustment of factual elements on the basis of Regulation (EU) No 606/2013 of the European Parliament and of the Council.

[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

Division 3 Documentation of Enforcement Actions and Receipt of Money  

§ 33.  Registration of applications for enforcement and enforcement files

 (1) An application for enforcement shall be registered in a bailiff’s office.

 (2) An enforcement file which sets out the enforcement actions and communicated notices in chronological order shall be opened regarding an enforcement matter. The documents received in the enforcement matter and issued by a bailiff or copies thereof shall be recorded in the enforcement file.

 (3) Upon return or delivery of a document, a copy of the document shall be preserved in the enforcement file by a bailiff.

 (4) If an enforcement instrument contains several financial claims, one enforcement file shall be opened regarding these claims and the claims shall be totalled, unless the claimant applies for the opening of several enforcement files.

 (5) If a fine or pecuniary punishment or a fine to the extent of assets has been imposed on a debtor for a misdemeanour by an enforcement instrument and a court has ordered enforcement in parts, separate enforcement files shall be opened regarding the specified claims, if the first instalment has fallen due.

 (6) A bailiff shall register and record enforcement instruments and enforcement actions electronically pursuant to the procedure established by a regulation of the Minister responsible for the area.

§ 34.  Information on enforcement actions entered in enforcement files

 (1) A bailiff shall enter the following information in an enforcement file regarding each enforcement action:
 1) the time and place of performance of the enforcement action;
 2) a short description of the content of the enforcement action;
 3) the names of persons who were present at the enforcement action;
 4) the signatures of persons who were present at the enforcement action and a notation that the entry was signed after it was read or examined and approved;
 5) the signature of the bailiff.

 (2) If a person who is present at an enforcement action cannot or does not wish to sign an entry, the reason for refusal to sign shall be indicated in the file.

 (3) If a bailiff has prepared an instrument concerning an enforcement action which is formalised according to a regulation of the Minister responsible for the area, the information contained in the instrument need not be indicated in the enforcement file.

§ 35.  Access to enforcement files

 (1) A participant in enforcement proceedings may access an enforcement file and has the right to receive copies of and statements from the file.

 (2) A fee chargeable for copies and statements is prescribed in the Bailiffs Act.

§ 36.  Receipt

 (1) If a debtor has performed an obligation in part or in full, a bailiff shall issue a receipt to the debtor concerning the performance at the request of the latter.

 (2) The provisions of subsection (1) of this section do not preclude or restrict the right of a debtor to demand a receipt from the claimant concerning the performance.

 (3) A bailiff shall transfer the money accepted on the basis of a receipt to the official bank account of the bailiff not later than on the working day following the acceptance of the money.

Division 4 Enforcement Costs and Payment of Money to Claimant  

§ 37.  Enforcement costs

 (1) Enforcement costs include a bailiff’s fee and the costs necessary for enforcement proceedings incurred by a bailiff and a claimant or a third person after the commencement of enforcement proceedings, including:
 1) fees and levies for inquiries made in order to determine the personal data and information concerning property;
 2) costs of delivery of documents related to enforcement proceedings;
 3) costs related to transport, storage and guarding of seized property and other costs related to the preservation of property;
 4) costs related to opening, closing, removal, demolition and cleaning of rooms or other objects;
 5) travel and accommodation expenses related to enforcement actions;
 6) expenses related to compelled attendance of the debtor;
 7) costs of organisation of an auction, including costs related to payment of the purchase price. The costs for legal assistance used by a bailiff or a claimant in order to resolve legal issues arisen upon commencement of enforcement proceedings or in the course of the proceedings are not deemed to be necessary expenses. The costs of management of a bailiff’s office are not deemed to be necessary expenses either.

 (2) A court shall decide on the compensation for procedural costs borne in court pursuant to the procedure prescribed in civil procedure.

 (3) The bases and procedure for the calculation of enforcement costs and the extent and upper limit of compensation for the costs shall be established by a regulation of the Minister responsible for the area.

§ 38.  Collection of enforcement costs from debtor

 (1) Enforcement costs shall be borne by a debtor.

 (2) The enforcement costs shall be collected from a debtor by a bailiff who made a decision on enforcement costs on the basis of the decision on enforcement costs.

 (3) If debtors are joint and several debtors according to an enforcement instrument, they are jointly and severally liable for the payment of enforcement costs.

§ 39.  Proof of enforcement costs

  At the request of a debtor or a claimant, a bailiff shall submit documentary evidence on the enforcement costs.

§ 40.  Advance payment of enforcement costs

 (1) A bailiff may demand by a decision that a claimant make an advance payment for particularly high enforcement costs, such as costs related to the transport, storage and guarding of goods and other similar costs, to the official bank account of the bailiff by the specified due date.

 (2) An advance payment of enforcement costs shall not be demanded from a natural person who submits:
 1) a court decision for enforcement in the course of making of which he or she has received state procedural aid for the payment of procedural costs;
 2) a court judgment for enforcement made in criminal proceedings by which a claim for compensation for damage caused by a criminal offence is satisfied;
 3) an enforcement instrument for collection of maintenance support.

 (3) If a claimant informs of his or her refusal to consent to the advance payment of enforcement costs, or the advance payment is not received in the bank account by the specified due date and this impedes the enforcement proceedings, a bailiff may refuse to perform the enforcement action. The bailiff shall immediately inform the claimant of refusal to perform the enforcement action.

 (4) If a bailiff has commenced enforcement proceedings and specified a later term for advance payment of the enforcement costs, the bailiff may suspend the enforcement proceedings if the advance payment of the enforcement costs is not made by the prescribed due date. The bailiff shall inform the claimant immediately of suspension of the enforcement proceedings.

 (5) A claimant may be required to pay an advance payment of the bailiff’s fee to the extent and pursuant to the procedure prescribed in the Bailiffs Act.

§ 41.  Return of advance payment of enforcement costs

 (1) If enforcement costs are collected from a debtor in full, a bailiff shall return the advance payment of the enforcement costs to the claimant.

 (2) If enforcement costs have not been collected from a debtor within a reasonable period of time, a bailiff shall repay to the claimant at least one-half of the advance payment of the enforcement costs paid by the claimant.

§ 42.  Repayment of enforcement costs upon revocation of enforcement instrument

  A debtor has the right to demand repayment of the enforcement costs paid from a claimant, if an enforcement instrument which is the basis for the compulsory enforcement is revoked. In this case the enforcement instrument is a revoking court decision or a decision of a body conducting extra-judicial proceedings and a decision of a bailiff concerning the costs.

§ 43.  Payment of money to claimant from bailiff's official bank account

 (1) A bailiff shall transfer the money received on an official bank account of the bailiff as a result of compulsory enforcement out of a debtor’s assets to a claimant within ten working days after the receipt of the money.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (11) A bailiff shall transfer the money received on an official bank account of the bailiff as a result of seizure of a bank account of a debtor to the claimant pursuant to the procedure provided for in subsection (1) of this section but not earlier than three working days after delivery of the instrument of seizure to the debtor. A bailiff shall transfer to the claimant the sums received after delivery of the instrument of seizure to the debtor pursuant to the procedure provided for in subsection (1) of this section but not earlier than three working days after the receipt of the money.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) Money to be paid to a claimant or a debtor shall be transferred from the official bank account of a bailiff to the bank account of the person. If the person does not have a bank account, money may be paid on the basis of a cheque drawn in the name of the person or by post. In order to transfer money by post, a bailiff shall issue a written order and append thereto a list of recipients of money which also sets out the addresses of the persons and the amounts to be transferred.

 (3) Money which has not been accepted by a claimant shall be kept in the official bank account for five years as of the receipt, unless otherwise provided by law. After five years, money shall be repaid to a debtor; if repayment is impossible, it shall be transferred into the state budget.

Division 5 Postponement of Enforcement Action, Suspension and Termination of Enforcement Proceedings  

§ 44.  Postponement of enforcement action

  A bailiff may postpone an enforcement action on the basis of an application of the claimant or a corresponding court decision or when the person conducting the enforcement proceedings is changed.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

§ 45.  Suspension, extension and deferral of enforcement proceedings based on court ruling

  On the basis of an application of a debtor, a court may suspend enforcement proceedings or extend or defer enforcement if continuation of the proceedings is unfair in respect of the debtor. In such case, the interests of the claimant and other circumstances shall be taken into account, including the family and economic situation of the debtor.

§ 46.  Suspension of enforcement proceedings based on decision of bailiff

 (1) A bailiff shall suspend 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 shall 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 him or her;
 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 which is the object of enforcement proceedings becomes evident provided that the right precludes or impedes the sale of the immovable;
 71) upon submission of a document if it is evident from the document that the effect of recognition of judicial decisions or official documents of the state of origin which are execution instruments is stayed;

[RT I, 31.12.2014, 1 - entry into force 10.01.2015]
 8) on another basis provided by law.

 (2) 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 in-patient health services are provided to him or her;
 3) if the debtor is in compulsory military service, alternative service or reserve service;

[RT I, 10.07.2012, 2 - entry into force 01.04.2013]
 4) on another basis provided by law.

§ 47.  Consequences of suspension of enforcement proceedings and resumption of enforcement proceedings

 (1) If enforcement proceedings are suspended, the enforcement actions performed shall remain in force.

 (11) If enforcement proceedings are suspended, a bailiff shall send the decision on suspension of enforcement proceedings immediately to the third person 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.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) Enforcement proceedings are resumed after the circumstance which 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.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (3) If circumstances change, a court may revoke or amend a ruling to suspend enforcement proceedings.

§ 48.  Bases for termination of enforcement proceedings

 (1) A bailiff shall terminate enforcement proceedings:
 1) on the basis of an application of a claimant;
 2) upon submission of a written document if it is evident from the document that the claim of the claimant has been satisfied;
 3) if money required for the satisfaction of a claim has been paid to the bailiff or an action indicated in the enforcement instrument is performed;
 4) upon submission of a court decision by which an enforcement instrument accepted for enforcement or an obligation to immediately enforce it is revoked or compulsory enforcement is deemed to be inadmissible or termination of the compulsory enforcement is ordered;
 5) upon submission of a written document if it is evident from the document that a security necessary to prevent enforcement is provided;
 6) in the case of the death or termination of a claimant or debtor if the claim or obligation cannot be transferred to the successors or legal successors of the deceased;
 7) upon unjustified commencement of enforcement proceedings due to failure to comply with the conditions of enforcement proceedings;
 71) upon submission of a document if it is evident from the document that the effect of judicial decisions or official documents of the state of origin is abolished;

[RT I, 31.12.2014, 1 - entry into force 10.01.2015]
 8) on another basis provided by law.

 (2) If a movable of a debtor in respect of which a claimant has the right of security to secure a claim is in the direct possession of the claimant, a bailiff shall, at the request of the debtor, terminate enforcement proceedings regarding the remaining assets of the debtor if the amount of the claim is covered by the specified movable. If the claimant also has such right regarding the thing arising from another claim, the request is satisfied only if the other claim is also covered by the value of the thing.

§ 49.  Consequences of termination of enforcement proceedings

 (1) Upon termination of enforcement proceedings, a bailiff shall immediately release the property from seizure and submit an application to the registrar for deletion of a notation concerning prohibition, except upon enforcement of a ruling on securing of an action. An enforcement instrument shall be returned to the claimant.

 (2) Termination of enforcement proceedings shall not prejudice the right of a claimant to apply to a bailiff again if a claim arising from an enforcement instrument is actually not fulfilled. The claimant shall not re-apply to a bailiff if the claimant has waived the claim in writing.

§ 50.  Procedure for suspension and termination of enforcement proceedings

 (1) Enforcement proceedings shall be suspended or terminated by a decision of a bailiff. Prior to it, a claimant and a debtor may be heard.

 (2) A decision to terminate and suspend proceedings shall be sent to a debtor and a claimant. The decision shall be sent to a third person if the suspension or termination is applied for by a third person.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 51.  Termination of enforcement proceedings upon declaration of bankruptcy

 (1) Enforcement proceedings shall terminate upon declaration of bankruptcy.

 (2) After declaration of bankruptcy, a bailiff shall, at the request of a trustee in bankruptcy, transfer the documents relating to enforcement proceedings and the property of a debtor in the possession of the bailiff or deposited with a third person to the trustee in bankruptcy and inform a claimant thereof. If a judgement or ruling made in a misdemeanour matter or a criminal matter is being processed by a bailiff and enforcement proceedings are terminated due to declaration of bankruptcy, a bailiff shall notify a claimant of the possibility to apply for substitutive punishment.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (3) A legal instrument on transfer of documents which sets out the list of documents, the transferred property, the name of the trustee in bankruptcy and the date of preparation of the legal instrument shall be prepared concerning the delivery of documents. The enforcement instrument shall be appended to the legal instrument.

Part 2 ENFORCEMENT PROCEEDINGS IN CASE OF FINANCIAL CLAIMS  

Chapter 4 GENERAL PROVISIONS FOR MAKING CLAIMS FOR PAYMENT ON PROPERTY  

§ 52.  Manners of making claims for payment on property

 (1) Upon claiming payment for property, the property shall be seized and sold. A claim of a claimant shall be satisfied out of the money received from the sale of the property.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) Upon claiming payment for an immovable, compulsory administration of the immovable may be ordered. In the case of compulsory administration, a claim of a claimant shall be satisfied out of the fruits received from the compulsory administration.

 (3) In the case of a financial claim filed against the state or a local government, a claim for payment shall be made for money. If making a claim for payment for money has not succeeded within a reasonable period of time, the claim for payment shall be made for things.

§ 53.  Extent of seizure of property

 (1) It is prohibited to seize more of the property of a debtor than necessary for the satisfaction of a claim of a claimant and for covering the enforcement costs, unless it is impossible to satisfy the claim of the claimant in any other manner.

 (2) Property shall not be seized if it may be presumed that the money received from the sale of the things seized covers only the enforcement costs.

 (3) A bailiff shall determine the order of seizure of property after hearing the proposal of a claimant. The order shall be determined taking account of the fact that the claim of the claimant must be satisfied in the fastest manner and that the legitimate interests of a debtor are not damaged.

§ 54.  Restraint on disposition as result of seizure of property

 (1) As of seizure, a debtor shall not dispose of the seized property. If, upon seizure of property, the seizure also extends to movables, movables may be disposed of within the limits of regular management.

 (2) A disposition in violation of the restraint on disposition is void, unless otherwise provided by law.

 (3) In the case of prohibition on the disposition of ownership, limited real right or proprietary right, a notation concerning prohibition shall be entered in the relevant register pursuant to the procedure provided by law. A notation concerning prohibition prohibits the making of entries to the respective extent in the register without the application or consent of a bailiff.

[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 55.  Invalidity of seizure

  Seizure is invalid and no legal consequences arise from seizure upon material violation of procedural provisions concerning seizure, particularly if:
 1) property is seized without a valid enforcement instrument;
 2) no enforcement notice has been delivered to a debtor;
 3) property was seized by an incompetent person;
 4) a debtor has, to an essential extent, not been notified of his or her rights in enforcement proceedings and this causes violation of the rights of the debtor.

§ 56.  Extent of satisfaction of claim

 (1) A claim of a claimant shall be satisfied together with the fine for delay and other collateral claims the extent of which arises from an enforcement instrument.

 (2) Upon distribution of money received from enforcement proceedings (hereinafter enforcement revenue), first the expenses borne by a debtor, thereafter the collectable collateral claims and finally the principal debt and the interest calculated after seizure are deleted from the debt of a debtor.

 (3) The fine for delay shall be calculated until the date of the auction or until the date of sale of the thing in any other manner or until the end of compulsory administration.

§ 57.  Refund of remainder of money to debtor

  The amount which remains from money received from the sale of property in enforcement proceedings after the enforcement costs are covered and the claim is satisfied shall be refunded to a debtor within five working days after the distribution of money.

§ 58.  Claims in foreign currency

  Claims in foreign currency and other rights shall be recalculated in enforcement proceedings into euros on the basis of the daily rate of the European Central Bank as at the date of satisfaction of the claim or distribution of the enforcement revenue or preparation of the distribution plan.

[RT I 2010, 22, 108 - entry into force 01.01.2011]

Chapter 5 LIST OF ASSETS AND DEBTOR’S OATH  

§ 59.  Obligation to provide information

 (1) A debtor shall provide a bailiff with information on the assets of the debtor, which the bailiff needs in connection with the enforcement proceedings.

 (2) Third persons who are in possession of property belonging to a debtor or have proprietary obligations to the debtor are also required to provide information concerning the property of the debtor.

 (3) Employees of a debtor and former employees whose employment relationship has terminated during the year preceding the commencement of the enforcement proceedings are also required to provide the information specified in subsection (1) of this section.

§ 60.  List of assets

 (1) A debtor is required, at the request of a bailiff, to submit a list of the assets of the debtor, including obligations.

 (2) A list of assets shall, in addition to the existing assets, set out:
 1) assets which a debtor has transferred to persons connected with him or her within the meaning of § 117 of the Bankruptcy Act for a charge during the year preceding commencement of the enforcement proceedings;
 2) assets which a debtor has given as a gift during two years preceding commencement of the enforcement proceedings.

 (3) Assets which cannot be seized shall be indicated in a list of assets only if substitute seizure of property is presumed possible.

§ 61.  Debtor's oath

 (1) At the request of a bailiff or a claimant, a court may require a debtor to swear in court that the information submitted to the bailiff concerning his or her assets is correct to the debtor’s knowledge.

 (2) A debtor shall take an oath orally in court:
“I (name) swear by my honour and conscience that the information submitted to the bailiff concerning my assets is correct to my knowledge.”
The debtor shall sign the text of the oath.

 (3) In the case of a debtor who is a legal person, a debtor’s oath may be taken from a member of its management body, its liquidator, a partner of a general partnership or a limited partnership, a shareholder whose holding represents at least one-tenth of the share capital, a procurator or a person responsible for accounting.

 (4) In the case of a debtor who is a legal person, a debtor’s oath may be also taken from a member of its management body, its liquidator, procurator or a person responsible for accounting if they were released from their obligation within one year after the commencement of enforcement proceedings.

§ 62.  Submission of list of assets and ensuring taking of oath

 (1) If a debtor, without good reason, fails to submit a list of assets to the bailiff or fails to perform the obligation to take an oath, a court may impose compelled attendance and, if necessary, detention in respect of the person who is required to submit the list or take the oath.

 (2) A ruling on detention shall, inter alia, indicate the following:
 1) information on a claimant and a debtor;
 2) the reason for the detention;
 3) the duration of the detention, which is deemed to terminate at the time of taking a debtor's oath or the end of serving the detention.

 (3) A ruling on detention need not be delivered before its enforcement. Upon detention, a copy of the ruling on detention shall be delivered to a debtor against a signature.

 (4) A debtor may be sentenced to detention for up to 30 days.

 (5) A debtor shall be released from detention if he or she submits a list of assets or takes an oath.

 (6) Detention shall be served at a house of detention of the location of the court who adjudicated on the matter or of the residence of a detained person under the conditions provided for in the Imprisonment Act. The provisions of the Code of Criminal Procedure concerning compelled attendance apply to compelled attendance, unless otherwise provided for in this Code.

 (7) A debtor may file an appeal against a ruling by which a court imposed detention and arrest with regard to the debtor according to the Code of Civil Procedure.

 (8) One year after taking an oath, a debtor is required to take an oath once again only if a bailiff has reason to believe that the debtor has acquired assets after taking the oath.

§ 63.  Enforcement register

 (1) Enforcement register is a database belonging to the State Information Systems maintained for processing of procedural information and personal data in enforcement proceedings the objective of which is:
 1) to provide an overview of enforcement matters being processed by bailiffs;
 2) to reflect information concerning acts performed in the course of enforcement proceedings;
 3) to ensure collection of enforcement statistics;
 4) to enable electronic forwarding of data and documents;
 5) to distribute claims governed by public law between bailiffs pursuant to the procedure established on the basis of subsection 231 (1) of this Act.
[RT I, 31.12.2012, 5 - entry into force 01.01.2014]

 (11) Information on whether a person has a support debt and, if it exists, the amount of the collectable outstanding debt is publicly available in the enforcement register.
[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

 (2) The following information shall be entered in the database:
 1) information concerning enforcement matters in which proceedings are conducted and terminated enforcement matters;
 2) information concerning acts performed in the course of enforcement proceedings;
 3) digital documents related to enforcement proceedings;
 4) information concerning the bodies conducting the proceedings, parties to the proceedings and participants in the proceedings.

 (3) The information system of the enforcement register and the information system for submission and distribution of claims governed by public law and the statutes thereof is established by a regulation of the Minister responsible for the area.
[RT I, 31.12.2012, 5 - entry into force 01.01.2014]

 (4) The chief processor of the enforcement register is the Chamber. Bailiffs and the Ministry of Justice are the authorized processors of the enforcement register.
[RT I, 05.03.2015, 2 - entry into force 06.03.2015]

 (5) The Minister responsible for the area may establish by a regulation the procedure for data processing in the enforcement register and for release of information from the enforcement register.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 631.  Electronic seizure system

 (1) Electronic seizure system is an information channel created between the information system of the enforcement register and credit institutions or other interested parties, the objective of which is to ensure electronic submission of information concerning a debtor's account and seizure thereof to credit institutions and to enable inquiries about the existence and balance of an account.

 (2) The electronic seizure system and its statues shall be established by the Minister responsible for the area.

 (3) The chief processor of the electronic seizure system is the Ministry of Justice. The authorised processor of the electronic seizure system is the person appointed by the Minister responsible for the area.

 (4) The Minister responsible for the area shall establish, by a regulation, the procedure and technical requirements for electronic control of opening of accounts and the procedure for data processing in the electronic seizure system and for release of information from the electronic seizure system.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

Chapter 6 MAKING CLAIM FOR PAYMENT FOR MOVABLES  

Division 1 Seizure  

§ 64.  Seizure of things in possession of debtor

 (1) In order to seize things in the possession of a debtor, a bailiff shall record the things and restrain disposition thereof. Entering of a notation concerning prohibition on disposition of things in the register on the basis of an application of a bailiff shall also be deemed to be seizure of assets if this is done before delivery of the instrument of seizure pursuant to § 75 of this Code.

 (2) If a delay arising from delivery of an enforcement notice may significantly damage attainment of the objectives of compulsory enforcement, a bailiff may seize the assets of a debtor or have a notice of prohibition made in the register before the enforcement notice is sent.

 (3) A bailiff may take possession of a thing in the indirect possession of a debtor only with the consent of a direct possessor. If the direct possessor refuses to deliver the thing, the bailiff may seize the right of claim of the debtor in respect of third persons.

 (4) If a bailiff has reason to believe that property of a debtor has been transferred to the possession of a third person in order to evade seizure, the bailiff has the right to seize the property in the possession of the third person.

 (5) A bailiff shall transfer confiscated cash to his or her official bank account not later than on the following working day.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 65.  Right of security on seized assets

 (1) The right of security on seized things arises for a claimant as of the time of seizure.

 (2) The right of security on seized assets grants a claimant the same rights as the right of security established on the basis of a contract or created pursuant to law, unless otherwise provided by law.

 (3) The right of security on seized assets which was created during an earlier seizure is of higher ranking than the right created during a later seizure. The right of security created before seizure on the basis of a contract or pursuant to law is of higher ranking than the right of security on seized assets of a claimant.

 (4) The right of security on seized assets created on the basis of a claim for child support is of higher ranking than the other rights of security on seized assets regardless of the time of seizure. The rights of security on seized assets created on the basis of a claim for child support are of the same ranking.

[RT I 2007, 25, 130 - entry into force 01.01.2008]

 (5) Subsection (4) of this section shall not apply to the part of a claim for child support which was transferred to the state due to payment of maintenance allowance.
[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

§ 66.  Things not subject to seizure

 (1) The following things cannot be seized or sold in the course of enforcement proceedings:
 1) personal effects of a debtor and household effects, kitchenware, bedclothes, beds and other things used for domestic purposes which are essential to satisfy household needs, taking account of the amount of the debt of the debtor;
 2) at least one technical device which ensures a debtor the use of the right to receive information prescribed in subsection 44 (1) of the Constitution of the Republic of Estonia (RT 1992, 26, 349; RT I 2003, 29, 174; 64, 429);
 3) foodstuffs necessary for a debtor and his or her family for one month and heating material necessary for one heating period to heat the dwelling or, if there is no such supply by the time of enforcement and acquisition of the supply is not ensured in any other manner, a sum of money necessary for acquisition of the supply;
 4) farming equipment, cattle, fertilizers and primary agricultural products of a person engaged in agriculture, which are essential for a debtor to maintain him or her and his or her family until the next harvest;
 5) objects essential to continue the economic or professional activities or the employment or service relationship of a natural person;
 6) books and other objects used by a debtor or his or her family member in studies or worship activities;
 7) accounting records, family records, marriage rings, orders and decorations belonging to a debtor;
 8) artificial limbs, spectacles and other medical devices necessary due to a physical disability, which are used by a debtor or his or her family member;
 9) objects necessary for a funeral in the family of a debtor;
 10) the museum collections of state museums, municipal museums and museums of legal persons in public law and museum objects belonging to the collections, and the museum collections or museum objects of state museums granted for use to a foundation;
 11) records;

[RT I, 21.03.2011, 1 - entry into force 01.01.2012]
 12) other things the seizure of which is in conflict with law or good morals.

 (2) Things specified in clauses (1) 1), 2), 4) and 5) of this section may be seized if compulsory enforcement is demanded by a seller on the basis of a financial claim secured by an ownership reservation due to the sale of the specified things.

 (3) Things necessary for worship activities specified in clause (1) 6) of this section may be seized if the manner of use of the things is contrary to good morals or punishable.

 (4) State assets in restricted commerce or things which the state or a local government which a debtor needs for the performance of public duties and the seizure of which is contrary to public interests shall not be seized. Before the decision is made, the opinion of a representative of a competent ministry or agency shall be heard.

§ 67.  Animals not subject to seizure

 (1) Animals kept at home for non-commercial purposes shall not be seized.

 (2) On the basis of an application of a claimant, a court may allow the seizure of an animal with high value if prohibition on seizure significantly violates the interests of the claimant in the case of which the interests of animal protection or the legitimate interests of a debtor cannot be taken into account.

§ 68.  Substitute seizure

 (1) A thing specified in clauses 66 (1) 1), 2) and 5) of this Code may be seized if a claimant, before taking the thing, gives to a debtor a substitute thing, which is usable but less valuable, or gives money for the acquisition of a substitute thing (hereinafter substitute seizure). The value of the substitute thing or money paid for the acquisition of the substitute thing shall be compensated for the claimant from the revenue of compulsory enforcement as enforcement costs.

 (2) If a claimant is unable or cannot be expected to replace a thing on time, a bailiff may organise the substitute seizure of the thing provided that a debtor receives the money necessary for the replacement of the thing from the revenue of compulsory enforcement as enforcement costs.

 (3) A bailiff shall decide on substitute seizure on the basis of an application of a claimant and shall determine the value of a substitute thing offered or the sum necessary for the replacement of a thing.

 (4) Money given to a debtor for the acquisition of a substitute thing shall not be seized.

§ 69.  Preliminary seizure

 (1) If it may be presumed that a thing that cannot be seized may become subject to seizure in the near future, the thing may be seized but it shall remain in the possession of a debtor. Enforcement proceedings in respect of a thing subject to preliminary seizure may be continued only after the thing becomes subject to seizure.

 (2) A bailiff shall release a thing from seizure if the thing has not become subject to seizure within six months as of the preliminary seizure.

§ 70.  Persons present at recording assets

 (1) Assets shall be recorded in the presence of a debtor, a representative of the debtor or an adult family member of the debtor. If a debtor, a representative of the debtor or an adult family member of the debtor is not present at the recording of assets, a bailiff shall summon two impartial observers or a police officer to be present at the seizure of assets.

 (2) A claimant or a representative of the claimant may be present at the recording of assets.

§ 71.  Leaving thing in possession of debtor

 (1) A bailiff may leave a seized thing in the possession of a debtor, unless this compromises the satisfaction of a claim of a claimant. Cash, valuables or securities in the form of documents shall not be left in the possession of a debtor.

 (2) If a thing is left in the possession of a debtor, it shall be sealed or otherwise marked to endure visible representation that the thing is under seizure.

§ 72.  Deposit of seized things with third persons

 (1) If a bailiff does not take possession of a seized thing or leave it in the possession of a debtor, the bailiff may deposit the thing with a third person.

 (2) A depositary of assets shall be appointed with an agreement between a debtor and a claimant.

 (3) If a debtor and a claimant fail to reach an agreement as regards a depositary of assets, the depositary of assets shall be appointed by a bailiff. A bailiff shall not appoint a claimant or a person with similar economic interests or relatives or relatives by marriage of the bailiff as the depositary of assets.

 (4) A thing shall be deposited on the basis of an instrument of seizure. Upon depositing, a bailiff shall explain the obligations of a depositary and the consequences of violation of obligations to the depositary.

 (5) If a depositary unjustifiably fails to return a deposited thing at the request of a bailiff, a claimant may demand that the thing be taken from the depositary. If it is necessary to enter the premises or a plot of land used by the depositary for the taking of the thing, it may be done on the basis of a court ruling. The court ruling shall be made on the basis of an application of the bailiff.

 (6) The remuneration of a depositary and expenses incurred for the deposit of a thing shall be included in enforcement costs.

 (7) The provisions of the Law of Obligations Act concerning the liability of depositaries apply to the liability of a depositary for the preservation and return of things. A claimant is deemed to be the depositor of assets.

§ 73.  Objections of third persons to seizure

 (1) A pledgee or a person with similar preferential rights in respect of a thing shall not contest seizure of the thing.

 (2) If a third person alleges upon seizure that a thing subject to seizure is in the ownership of the person, a notation concerning an objection shall be entered in the instrument of seizure. A bailiff shall explain to the third person that the person has the right to file an action to release the assets from seizure.

§ 74.  Valuation of seized thing

 (1) Upon seizure, a thing shall be evaluated and the price of the thing shall be indicated in the instrument of seizure.

 (2) If a thing cannot be evaluated during seizure, it shall be done immediately after seizure. The valuation results shall be indicated in the instrument of seizure.

 (3) Seized things shall be evaluated with the agreement of a debtor and a claimant.

 (4) If a debtor and a claimant fail to reach an agreement on the valuation of things and if at least one of them is not present at the seizure, assets shall be evaluated by a bailiff.

 (5) A bailiff shall evaluate a thing on the basis of its usual value, taking account among other things of the rights of third persons encumbering the thing and their possible extinguishment.

 (6) If valuation of a thing turns out to be complicated, a bailiff shall have the assets evaluated by an expert.

 (7) A debtor and a claimant may contest the price determined by a bailiff by a complaint filed to the bailiff pursuant to the procedure provided for in § 217 of this Code.

 (8) Upon contestation of a price, a bailiff shall apply that a court designate an expert for the organisation of a new valuation.

 (9) The valuation costs of an expert designated by a court shall be borne by a person who contested a valuation. The person who contested the valuation shall pay the valuation costs in advance. If the person fails to pay the costs by the time designated by a court, he or she is deemed not to have contested the valuation.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 75.  Instrument of seizure

 (1) A bailiff shall prepare an instrument concerning a seizure of a thing and the format of the instrument shall be established by a regulation of the Minister responsible for the area.

 (2) An instrument shall be signed by a bailiff, a depositary of assets, a debtor and other persons present at a seizure. If signature is refused, a corresponding notation shall be entered in the instrument.

 (3) An instrument shall be prepared in a single copy which remains in an enforcement file. A copy of the instrument shall be given to a debtor or a representative of the debtor or an adult family member of the debtor who is present, a claimant and a depositary of assets.

 (4) If a debtor is not present at a seizure, an instrument of seizure shall be delivered to the debtor. In such case, assets are deemed to be seized as of delivery of the instrument.

 (5) If a debtor or a claimant who is present at a seizure of assets has not submitted applications or notations concerning the seized assets, they have no right to file a complaint on incorrect preparation of an instrument or to rely afterwards on the fact that the instrument is incorrect.

§ 76.  Seizure of thing for benefit of other claimant

 (1) In order to seize a seized thing for the second time, a bailiff shall add the information on another claimant and a notation that the thing is already seized in an instrument of seizure.

 (2) If a thing was seized for the first time by another bailiff or the Tax and Customs Board, a copy of the instrument of seizure shall be delivered to them.

 (3) A notice on each seizure shall be delivered to a debtor and a claimant.

§ 77.  Release of thing from seizure

 (1) At the request of a claimant and with the consent of a debtor, a bailiff shall release a thing from seizure, even if other seized assets are not sufficient to execute an enforcement instrument.

 (2) A bailiff shall release a thing from seizure on the basis of an application of a third person if it is evident that he or she has seized a thing belonging to the third person. The bailiff shall inform a claimant immediately of release of the thing from seizure.

 (3) If a third person applies for release of a thing from seizure and a bailiff refuses to release the thing from seizure, the bailiff shall explain to the third person the right to file an action for release of assets from seizure.

 (4) A bailiff shall release a thing from seizure if the thing cannot be sold within a reasonable period of time. The bailiff shall inform a claimant immediately of release of the thing from seizure.

 (5) Upon release of a thing subject to registration from seizure, the registrar shall delete the notation concerning prohibition entered in the register on the basis of a proposal of a bailiff.

Division 2 Sale in Enforcement Proceedings  

§ 78.  Public auction

 (1) A bailiff shall sell seized movables at a public electronic auction, unless otherwise provided in this Code.

 (2) If an electronic auction cannot be conducted for reasons beyond the control of a bailiff, an auction may be conducted orally.

 (3) If the price of seized movables pursuant to the instrument of seizure is up to 2000 euros, a bailiff may authorise the Chamber to sell the movables.

[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 79.  [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 80.  Time of auction

 (1) The time of an auction shall be determined by a bailiff.

 (2) A bailiff shall not organise an auction earlier than ten days after the seizure of a thing, unless a claimant and a debtor agree on an earlier date.

 (3) A bailiff may organise an auction earlier than ten days after the seizure thereof if, upon compliance with the term, the value of the thing to be put at auction would probably significantly decrease or if unreasonably high deposit costs are involved in depositing of the thing.

§ 81.  Place of auction

 (1) Electronic auctions are conducted in an electronic auction environment (hereinafter auction environment) in on-line environment.

 (2) If a bailiff organises a public oral auction, he or she shall determine the place of the oral auction, taking account of the possibilities to sell a thing and the costs relating to the auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 82.  Starting price at auction

 (1) The starting price of a thing at an auction is the price which is based on its valuation and set out in an instrument of seizure.

 (2) A bailiff has the right to change the starting price on the basis of a declaration and reasoning of the rights after the announcement of an auction is published if the price set out in an instrument of seizure is obviously significantly different from its market price. The right which is not given notice of or reasoned after the announcement of the auction is published shall not be taken into account upon determination of the starting price.

 (3) Before changing a starting price, a bailiff shall ask the opinion of a claimant and a debtor in this respect.

§ 83.  Deposit at auction

 (1) In the case of an auction, a bailiff may determine a deposit for the auction participants in the amount of up to ten per cent of the starting price. If deposit is determined, a person who wishes to participate in the auction shall pay the deposit.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (2) A deposit shall be paid to the account specified by the bailiff or in cash to the bailiff upon registration for the auction. If the deposit is paid to the account specified by the bailiff, the deposit is deemed to be paid as of the crediting of the account of the bailiff in the amount of the deposit. The deposit may be paid in cash if the amount of the deposit does not exceed 640 euros.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (21) If the deposit is paid in the auction environment using the method of payment provided by the service provider which enables immediate receipt thereof, the deposit is deemed paid to the bailiff as of the crediting of the central account of the Chamber in the amount of the deposit. The person participating in the auction shall cover the costs relating to the payment of the deposit in the specified manner.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (22) The Minister responsible for the area shall establish, by a regulation, a more detailed procedure and requirements for payment of deposits in auction environments using a method of payment which enables immediate receipt provided by the provider of the payment method.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (3) A bailiff may also accept as a deposit a permanent payment warranty, irrevocable payment warranty or unconditional payment warranty of a credit institution of Estonia or another Member State of the European Union issued in the amount of the deposit.

 (4) A deposit need not be paid:
 1) by the state and a local government or Eesti Pank;
 2) by a claimant and a pledgee if their claim covers the required deposit.

 (5) A deposit paid by a purchaser shall be included in the purchase price and, in the case of others who participated in the auction, a deposit shall be refunded on the working day following the date of the auction.

§ 84.  Notification of auction

 (1) An announcement of an auction shall set out:
 1) the beginning and place of the auction and the procedure and term for registration for auction;

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]
 2) a general description of the things sold at the auction;
 3) the starting price, the procedure for payment and the amount of deposit and term for the payment of the purchase price and deposit;

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]
 4) the time and place for examining the things at auction;
 5) the ascertained rights of third persons encumbering a thing at auction and other encumbrances and restrictions relating to the thing;
 6) a proposal to inform a bailiff of one's rights with regard to the thing at auction before the auction if the bailiff has not been informed of the rights, and the reasons of such rights at the request of the bailiff;
 7) a proposal to persons who have rights obstructing the auction to terminate or suspend the auction with the agreement of a claimant or on the basis of a court decision before the date of distribution of the revenue;
 8) [repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]
 9) in the case of organisation of an electronic auction, the time when the auction ends and the interval of the end-of-auction feature.

[RT I, 31.12.2012, 5 - entry into force 01.01.2013]

 (2) An announcement shall be published at least ten days before the auction in the publication Ametlikud Teadaanded and in a public computer network. A bailiff may also publish an announcement in a newspaper which is on sale at the place of the auction. At the request of a claimant or a debtor, a bailiff shall publish the announcement in other publications at the expense of the claimant or the debtor.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (21) [Repealed - RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (3) A debtor and a claimant shall be informed of the content of the announcement of the auction at least ten days before the auction.

 (4) A bailiff may also publish an announcement of an auction less than ten days before the auction or the auction may be given notice of in a manner or within a term different from that provided for in subsections (2) and (3) of this section if the thing may get destroyed or damaged or its value may decrease significantly.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 85.  Right to examine things at auction

 (1) Interested persons have the right to examine the things at auction as of the publication of the announcement until the beginning of the auction.

 (2) A bailiff shall determine specific times for the examination of things. If the things are in the possession of a debtor, the debtor has the right to demand that examination take place within the period of time prescribed for enforcement actions. The bailiff shall take the interests of the owner into consideration.

 (3) Interested persons have the right to examine applications submitted regarding a thing at auction and certificates concerning the thing, including the valuation report.

§ 86.  Written bid

 (1) A person who wishes to purchase a movable at an oral auction of the movable may, until the beginning of the auction, submit to a bailiff a written bid which shall set out:

[RT I 2009, 68, 463 - entry into force 01.01.2010]
 1) the name, residence or seat of the person proposing the price;
 2) a general description of the thing;
 3) the price proposed for the thing.

 (2) A written bid shall be submitted in a closed envelope. The envelope shall be opened at the auction.

§ 87.  Person permitted to bid at auction

 (1) All persons may participate in an auction as bidders unless otherwise provided by law. A debtor and a claimant may also bid at an auction.

 (2) A bailiff or a person who has been present at the seizure of assets as an impartial observer and a person who organises an auction or is an impartial observer upon conduct of the auction and a person acting for the account of such person shall not participate in the auction personally or through a representative. The bailiff shall inform oral auction participants thereof before the beginning of the auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (3) Sale of property to a person specified in subsection (2) of this section and disposal of a thing by the specified person are void. If a new auction has to be organised for this reason, the person who committed the violation shall bear the costs of organising the auction and pay the difference between the price offered by the person and the price offered at the new auction if the price offered at the new auction is lower than the price offered by the person.

§ 871.  Procedure for registration for auction

 (1) Registration for an auction takes places before the beginning of the auction.

 (2) If a movable which value does not exceed 1000 euros is sold by auction, registration for the auction is possible immediately prior to bidding.

 (3) A person who wishes to participate in an auction shall register himself or herself pursuant to the procedure and within the term set out in the announcement of the auction and pay a deposit pursuant to the procedure provided for in subsections 83 (2) and (21) of this Code.

 (4) A person is registered as a participant in an auction if his or her registration application and annexes thereto comply with the requirements of the auction, the deposit is paid and the person may participated in the auction as a bidder.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

§ 88.  Procedure for oral auction

  [RT I 2009, 68, 463 - entry into force 01.01.2010]

 (1) At the beginning of an oral auction, a bailiff shall announce the important conditions relating to the property, claimants participating in proceedings, their claims, time of seizure of things, submitted applications, conditions of the oral auction and the starting price. The conditions of an oral auction include the bidding increment at the oral auction, which is determined by the bailiff taking account of the value of the thing at auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) At the beginning of an oral auction, a bailiff shall justify the determination of a starting price which is different from the one specified in the instrument of seizure.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (3) After the conditions are announced, a bailiff shall open received written bids and make a proposal to make more bids.

 (4) Property shall be sold at an oral auction in the order set out in the instrument of seizure.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (5) An oral auction shall be conducted in the presence of two impartial observers, a representative of the local government or a police officer.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 881.  Procedure for electronic auction

 (1) At the beginning of an auction, a bailiff shall announce the important conditions relating to the property and the auction pursuant to § 84 of this Code and the starting price in the auction environment. A bailiff shall determine the bidding increment at the auction taking account of the value of the thing at auction. In justified cases a bailiff may determine a starting price which is different from the one specified in an instrument of seizure.

 (2) An electronic auction shall be opened in the on-line environment in a manner specified in subsection 84 (2) of this Code at the time announced to the public. An electronic auction shall be open for at least five working days. The duration of an auction may be shortened in the case specified in subsection 80 (3) of this Code.

 (3) [Repealed - RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (4) After an auction is opened the participants start bidding from the starting price. The auction participants shall enter their bids in electronic form in full euros in accordance with the bidding increment.

[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (5) An electronic auction terminates at the time specified in the announcement of the auction. If a new bid is made during the interval by which the end of an auction is extended before the time the auction ends, the end of the auction is extended by the extension interval and the auction shall last until bids are made. The interval by which an auction is extended is from 1 to 60 minutes. If an auction has not ended earlier in the case of an auction with the extended end-of-auction feature, the action shall end when 120 hours have expired from the end of the auction set out in the announcement.

[RT I, 31.12.2012, 5 - entry into force 01.01.2013]

 (6) The Minister responsible for the area may establish by a regulation technical requirements for conducting electronic auctions.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 882.  Procedure for simplified auction

 (1) A simplified auction shall be conducted by a person authorised by the Chamber. A simplified auction shall be conducted efficiently and at the minimum possible cost.

 (2) An announcement of a simplified auction shall be published at least three working days before the auction is held. An announcement shall set out a general description of the things sold at the auction and the time and place for examining the things at auction.

 (3) A debtor and a claimant shall be informed of the content of the announcement of the simplified auction at least three working days before the auction.

 (4) The terms specified in subsections (2) and (3) of this section shall not apply in the case of auctions of highly perishable things.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 89.  Rejection of bids

 (1) A bailiff shall reject an invalid bid. The following, in particular, are deemed to be invalid bids:
 1) bids which do not cover the starting price;
 2) bids of persons who are not allowed to participate in the auction;
 3) contingent bids.

 (2) A bailiff may reject a bid intended to cause an auction to fail.

 (3) If the validity of a bid depends on the extent of the right of representation of the person representing a bidder or the consent of another person, a bailiff shall reject the bid unless the right of representation or consent is proved immediately.

§ 90.  Duration of oral auction

  [RT I 2009, 68, 463 - entry into force 01.01.2010]

 (1) An oral auction shall be continued until no outbids are submitted on the proposal of a bailiff to submit bids.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) [Repealed - RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 91.  Declaration of best bid

 (1) At an oral auction a bailiff shall announce the last outbid and the end of the auction at the auction. The last outbid at an oral auction is declared to be the best after it has been announced three times.

 (2) At an electronic auction the bid with the highest price submitted in the auction environment by the end of the auction is declared to be the best.

 (3) If the best bidder has assigned the rights of a purchaser to another person and the other person also assumes the obligations arising from the best bid, the appropriate applications shall be submitted to the bailiff during the term of payment of the purchase price.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (4) A bailiff shall refuse to declare a bid to be the best if the conditions of the auction have been materially violated or the right of a third person obstructs the auction or continuation of the auction.

 (5) The best bid shall be announced to the participants of an oral auction at the place of the auction on the day of the auction and in the case of an electronic auction in the auction environment on the working day following the date of the auction. If a bidder participates in opening of the bids, he or she shall be deemed to be informed of the results of the auction. In exceptional cases, a bailiff may postpone the announcement by up to seven days. The bailiff shall notify the participants in the auction immediately of postponement.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (6) Declaration of the best bid is valid as of the time of its announcement.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 92.  Objections of persons present at oral auction

  [RT I 2009, 68, 463 - entry into force 01.01.2010]

 (1) After the announcement of the last outbid, persons who are present may submit objections concerning the conduct of an auction. A bailiff shall inform them of the right.

 (2) A bailiff shall enter the objections in the report on the auction.

 (3) If the persons present submit no objections, they have no right to file complaints against the incorrect preparation of a report or rely on the fact that the report is incorrect or the conditions of an auction were materially violated later.

§ 921.  Objections of participants in electronic auction

  Participants in an electronic auction may submit objections concerning the conduct of the auction within the working day following the date of termination of the auction. The provisions of sections 92 (2) and (3) of this Code shall apply to objections submitted and consequences of failure to submit objections.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 93.  Obligation to pay purchase price immediately

 (1) The winner of an oral auction shall pay the purchase price immediately after the end of the auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) If the purchase price exceeds 12,700 euros, the winner of an oral auction shall pay one-tenth of the purchase price immediately after the end of the auction, the rest of the price shall be paid within 15 days. If a debtor is the purchaser, he or she shall pay the total purchase price immediately.

[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (21) The winner of an electronic auction shall pay the purchase price on the working day following the date of termination of the auction in a manner provided for in subsection (3) of this section. If the purchase price exceeds 12,700 euros, one-tenth of the purchase price shall be paid on the working day following the date of termination of the auction, the rest of the price shall be paid within 15 days. If a debtor is the purchaser, he or she shall pay the total purchase price on the working day following the date of the auction.

[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (3) For the purposes of subsections (1) and (2) of this section, immediate payment means payment of the purchase price in cash or to the account specified by the bailiff. If the purchase price is paid to the account specified by the bailiff, the purchase price is deemed paid to the bailiff as of the crediting of the account of the bailiff in the amount of the purchase price. A bailiff may accept as immediate payment also a permanent payment warranty, irrevocable payment warranty or unconditional payment warranty of a credit institution of Estonia or another Member State of the European Union provided at least in the amount of the purchase price.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (4) If a claimant is the purchaser and his or her claim exceeds or is equal to the purchase price, the claim of the claimant shall be set off to the extent which corresponds to the share the claimant would be entitled to receive upon distribution of revenue received from the sale of the property purchased by the claimant. The claimant shall pay the share of the purchase price which was not set off to the official bank account of the bailiff pursuant to the procedure provided for in this section.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (5) A thing shall be delivered to the purchaser after payment of the total purchase price.

 (51) If the purchase price is paid in the auction environment by means of the method of payment provided by the service provider and enabling immediate receipt thereof, the purchase price is deemed to have been paid to the bailiff as of the crediting of the central account of the Chamber in the amount of the purchase price. The buyer shall cover the costs relating to the payment of the deposit in the specified manner.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (52) The Minister responsible for the area shall establish, by a regulation, a more detailed procedure and requirements for payment of the purchase price in auction environments using a method of payment which enables immediate receipt provided by the provider of the payment service.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

 (6) A bailiff shall extend the term for the payment of the purchase price provided for in subsection (2) of this section at the request of the purchaser by additional 15 days. A bailiff shall formalise the extension of the term for the payment of the purchase price as a decision. The decision shall be forwarded to the debtor, the claimant, the person who submitted the best bid and persons whose rights regarding the thing at auction are known to the bailiff.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 931.  Payment of purchase price by loan

 (1) If a purchaser wishes to buy a thing sold at an auction by a loan granted by a credit institution, he or she shall notify a bailiff thereof immediately after his or her bid is declared to be the best. Notification of the bailiff on the date of declaring the bid to be the best is deemed to be immediate notification.

 (2) The obligation provided for in § 93 of this Code to pay one-tenth of the purchase price or the total purchase price immediately does not apply to the purchaser upon payment of the purchase price by a loan. The purchaser undertakes to pay the total purchase price or ensure performance of the obligation to pay the purchase price by a credit institution within 15 days as of the day following the date the bid is declared to be the best.

 (3) A debtor shall not apply for payment of the purchase price by a loan.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 94.  Increase of paid amount

 (1) If it becomes evident after an auction that the right of security or another right taken into account upon determination of a starting price is invalid or has extinguished, the purchaser who knew or should have known that the right is invalid on has extinguished shall also pay, in addition to the purchase price, the amount taken into account upon determination of the starting price to the extent of the value of the right.

 (2) The provisions of subsection (1) of this section also apply if the right is conditional and a suspensive condition is not fulfilled or a resolutive condition is fulfilled and the purchaser new or should have known that upon submitting the bid.

§ 95.  Acceptance of revenue of auction

 (1) An amount of money corresponding to the best bid is deemed to be the revenue of an auction. The revenue of an auction shall be accepted by a bailiff. The procedure for the acceptance of the revenue and transfer of the revenue to a claimant shall be established by a regulation of the Minister responsible for the area.

 (2) An amount remaining after the covering of enforcement costs and satisfaction of claims shall be returned to a debtor.

§ 96.  Report on auction

 (1) A bailiff shall prepare a report on an auction which shall be signed by the bailiff and impartial observers. The format of the report shall be established by a regulation of the Minister responsible for the area.

 (2) A report at an auction shall, inter alia, set out the following information:
 1) information on the thing at auction;
 2) the name and personal identification code or register code of the purchaser;
 3) the price of the best bid and the manner and term of payment;
 4) the conditions of transfer of the thing.

 (3) If a thing has to be registered in the name of the purchaser in a register, the registration shall be done on the basis of a copy of the report on the auction.

 (4) A bailiff shall deliver a report on an auction to the claimant, the debtor, the person who submitted the best bid and the persons whose rights regarding the thing at auction are known to the bailiff.

§ 97.  Termination of auction before sale of things

 (1) An oral auction shall be terminated if, after the beginning of an oral auction but before the declaration of the last bid as the best, a debtor or a third person who has the right to satisfy the claim of a claimant pays a sum of money to a bailiff which is necessary to satisfy the claim of the claimant and cover the enforcement costs.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (11) If the property of a debtor is sold at an electronic auction, the debtor has the right to satisfy the claim of a claimant before the end of an electronic auction. If a debtor or a third person pays a sum of money to the bailiff which is necessary to satisfy the claim of the claimant and cover the enforcement costs, the bailiff shall immediately cancel the auction conducted in the auction environment and notify the participants in the auction of termination of the auction. The deposit paid by the participants in the auction shall be refunded not later than on the following working day.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) The sale of the rest of the things at an auction shall be terminated if the sum received from the sale of a portion of the things is sufficient to satisfy the claim of a claimant and cover the enforcement costs.

§ 98.  Legal consequences of auction

 (1) Ownership regarding a thing sold at an auction is created upon delivery of the thing on the basis of a report on the auction.

 (2) No ownership is created if seizure is void or the essential conditions of an auction have been violated and a court has declared the auction to be invalid. This applies regardless of the fact whether the person who purchased a thing at an auction knew of the aforementioned circumstances.

 (3) For the creation of ownership, the prerequisites provided for in the Law of Property Act need not be complied with, in particular a claim set out in an enforcement instrument need not actually exist and a thing sold at an auction need not belong to a debtor. This does not preclude filing of claims for compensation for unlawfully caused damage.

 (4) If an acquirer has paid the price at an auction and, due to reasons specified in subsection (2) of this section, no ownership is created, the acquirer may file a claim against a claimant arising from unjustified enrichment. This does not preclude claims for compensation for unlawfully caused damage.

 (5) The right of pre-emption cannot be exercised at an auction.

§ 99.  Failure of auction

 (1) A bailiff shall declare an auction to have failed, if:
 1) no participants appear at the auction or no written or electronic bids are submitted;
[RT I 2009, 68, 463 - entry into force 01.01.2010]
 2) no bids are submitted at least to the extent of the starting price;
 3) the best bidder fails to pay the purchase price or one-tenth of the purchase price by the prescribed time;
 4) all bids are rejected.

 (2) Upon failure of an auction, the right of security of a claimant regarding seized assets shall continue.

§ 991.  Suspension of auction due to interruption in auction environment

  If there is an interruption in the auction environment during the end of an auction, the auction shall be suspended for the term of the interruption and it shall continue after the end of the interruption. The time of the end of the auction shall be postponed by the term of the interruption.

[RT I, 31.12.2012, 5 - entry into force 01.01.2013]

§ 100.  Repeated auction

 (1) Upon failure of an auction, a claimant may demand that a repeated auction be organised.

 (11) If a repeated auction is organised, a bailiff shall select either an electronic or oral auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) A repeated auction shall not be organised earlier than ten days after the first auction is declared to have failed, except in the case provided for in subsection 84 (4) of this Code.

 (3) If a purchaser violates the obligation to pay the purchase price or one-tenth of the purchase price for a thing purchased at an auction, the thing shall be immediately submitted to a repeated auction. Upon conducting an oral auction a bailiff shall inform the participants of the possibility of a repeated auction upon termination of the auction. In such case, the bailiff does not have the right to reduce the price of the thing at the repeated auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (4) An initial purchaser shall not participate in a repeated auction organised due to the circumstances specified in subsection (3) of this section. The deposit paid thereby shall not be refunded and shall be transferred to the common budget section of the Chamber. The initial purchaser shall pay the difference between the price offered by the initial purchaser and the price offered at the repeated auction if the price offered at the repeated auction is lower than the price offered by the initial purchaser. The debtor shall have the right to collect the specified price difference from the initial purchaser.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]
[RT I, 27.06.2019, 2 - entry into force 21.06.2019 - Judgment of the Constitutional Review Chamber of the Supreme Court declares the second sentence of subsection 100 (4) of the Code of Enforcement Procedure unconstitutional and invalid insofar as a bailiff has no discretion in deciding on return of deposits paid by participants in auctions held in execution proceedings as regards the issue to what extent the deposits have to be returned to the persons who paid them and to what extent they have to be transferred to the common part of the budget of the Estonian Chamber of Bailiffs and Trustees in Bankruptcy.]

 (5) A repeated auction shall be conducted pursuant to the procedure prescribed for the first auction. A bailiff may reduce the price of things, but not more than by 25 per cent compared to the starting price of the previous auction, after asking the opinion of a debtor and a claimant concerning the reduction of the price. The price of the things shall not be reduced more than 70 per cent compared to the starting price at the first auction.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 101.  Sale of thing in other manner

 (1) On the basis of an application of a claimant and a debtor, a bailiff may sell seized things in a manner different from an oral or electronic auction if the auction has failed or it can be presumed that the thing cannot be sold at an auction or the revenue presumably received from the thing at an auction is significantly smaller as compared to the revenue received when the thing is sold in any other manner.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) If an auction has failed due to violation of the obligation to pay the purchase price, a bailiff may sell assets in another manner different from an auction only if the repeated auction has also failed.

 (3) A bailiff shall deliver a notice to a debtor and a claimant concerning the intention to sell things in another manner. Without the consent of a party, the claimant shall not sell the things before seven days have passed after delivery of the notice.

 (4) Upon sale in another manner, a bailiff may discount the assets, but not more than 50 per cent compared to the value set out in an instrument of seizure, after requesting the opinion of a debtor and a claimant concerning the discount.

 (5) A bailiff may sell a thing to a claimant. In such case, the claim of the claimant shall be set off and the purchase price is deemed to be paid by a debtor to the claimant to the extent of the debt. If the purchase price is lower than or equal to the claimant’s claim, the provisions of subsection 93 (4) of this Code apply to set-off of the claimant’s claim.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (6) A bailiff shall prepare a report concerning the sale of a thing in another manner in the format approved by the Minister responsible for the area. The right of ownership shall be entered in a register on the basis of a copy of the report.

 (7) The provisions concerning the legal consequences of an auction apply to the legal consequences of sale in another manner, unless otherwise provided by law.

§ 1011.  Sale of movables of negligible value in another manner

 (1) If, pursuant to the instrument of seizure, the price of seized movables does not exceed 100 euros and organisation of an auction is inexpedient, a bailiff shall sell the thing in another manner. The bailiff may also organise the sale of things through persons who engage in the sale of things in their ordinary course of business.

 (2) A bailiff shall make a decision on sale of things of negligible value in another manner and deliver it to the debtor and the claimant. The bailiff shall inter alia set out in the decision the list of the things sold in another manner, the requirements for discounting the things, the minimum selling price and the place of sale of the things.

 (3) Information concerning the sale of movables of negligible value in another manner shall be published on the website of the Chamber at least three working days before the delivery of the thing for sale. The information shall inter alia set out the name of the bailiff, general description of the things sold and the place of sale.

 (4) The term specified in subsection (3) of this section shall not apply if the thing may become unfit for use.

 (5) In the case of sale of movables of negligible value in another manner, the asset may be discounted every five working days by up to ten percent compared to the price set out in the instrument of seizure. If a thing cannot be sold, the thing shall be returned to the debtor. Things which cannot be returned to the debtor may be destroyed or transferred for charitable reasons.

 (6) A bailiff shall enter in an enforcement file the name of the things sold, details of the selling price, time of selling thereof and the person through whom the bailiff organised the sale of the thing.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

§ 102.  Sale of thing under supervision of bailiff

 (1) On the basis of an application of a debtor and with a consent of a claimant, a bailiff may permit that the debtor sell a seized thing under the supervision of the bailiff.

 (2) A bailiff may permit that a debtor sell a thing also regardless of a consent of a claimant if an auction failed or it can be presumed that the thing cannot be sold at an auction or the revenue presumably received from the thing at an auction is significantly smaller as compared to the revenue received when the sale of the thing is organised by the debtor. If an auction failed due to violation of the obligation to pay the purchase price, a bailiff may permit that the debtor sell things without the consent of the claimant only if the repeated auction has also failed.

 (3) A bailiff shall deliver to a claimant a notice concerning the request of a debtor to sell a thing in another manner, unless a consent of the claimant to sell the things in another manner is submitted to the bailiff. The bailiff shall not grant consent to the debtor for the sale of the thing before seven days have passed after the delivery of the notice to the claimant, unless the claimant responds to the notice earlier.

 (4) A bailiff shall not permit that a debtor sells assets at a price which is lower than that indicated in an instrument of seizure of assets. The bailiff shall ensure that the revenue received from the sale of a thing is paid to the official bank account of the bailiff.

 (5) A bailiff may consent to the sale of a thing to a claimant. In such case, the claim of the claimant shall be set off and the purchase price is deemed to be paid by a debtor to the claimant to the extent of the debt. If the purchase price is lower than or equal to the claimant’s claim, the provisions of subsection 93 (4) of this Code apply to set-off of the claimant’s claim.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (6) A thing shall be sold under the supervision of a bailiff pursuant to the procedure prescribed in the Law of Obligations Act. The bailiff shall grant consent for the sale.

§ 103.  Passing of risk of accidental loss of sold thing and liability for defects of thing

 (1) Upon sale of a thing in enforcement proceedings, the risk of accidental loss of the sold thing passes to a purchaser as of the time of delivery of the thing. As of delivery, the purchaser shall incur all costs and encumbrances relating to the thing and receive all the profit.

 (2) Upon sale of a thing in enforcement proceedings, a bailiff or a debtor shall not be liable for any defects in the sold thing. This does not preclude the possible liability of the debtor for unlawfully caused damage.

 (3) The provisions of subsections (1) and (2) of this section shall not apply if a thing is sold by a debtor under the supervision of a bailiff.

§ 104.  Extinguishment of real rights of third persons upon sale

 (1) When ownership is created regarding a thing sold by a bailiff, the real rights of a third person regarding the transferred thing which encumbered a movable shall extinguish, unless otherwise provided by law. The right of a claimant is also deemed to have extinguished, if a claim for payment is made to satisfy a claim arising from the right.

 (2) A real right of a third person regarding a sold thing does not extinguish if a proprietor of the right and a purchaser agree thereon or if the right was created before the right based on which enforcement proceedings are conducted.

 (3) If a thing is sold by a debtor under the supervision of a bailiff, the rights of third persons regarding the thing extinguish pursuant to the provisions of the Law of Property Act.

Division 3 Distribution of Revenue between Claimants  

§ 105.  Distribution of revenue received from sale of things

 (1) A bailiff shall distribute the revenue received from the sale of things between claimants and other persons entitled to participate in the revenue in the order of creation of the rights of security or according to an agreement between claimants. The rights of security which were created at one and the same time have the same ranking upon distribution of the revenue.

 (2) A bailiff shall transfer the money to claimants and other persons entitled to participate in the revenue within ten working days as of the receipt of the money on the official bank account of the bailiff or, in the case of a distribution plan, as of approval of the distribution plan, but not before entry of the mortgage to be entered in the land register in order to secure an obligation to pay the loan granted by a credit institution for financing the purchase of an immovable in enforcement proceedings.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 106.  Distribution of revenue pursuant to distribution plan

 (1) If the received revenue is not sufficient to satisfy all claims and claimants are unable to reach an agreement as regards the distribution of money, a bailiff shall organise the distribution of revenue between the claimants participating in the enforcement proceedings pursuant to a distribution plan.

 (2) A distribution plan shall be prepared and revenue shall be distributed on the basis of the ranking of rights of security. Enforcement costs are deducted from the revenue to be distributed pursuant to the distribution plan.

 (3) If, upon preparation of a distribution plan, it is unclear whether a purchaser has to pay an additional amount according to § 94 of this Code, the additional amount shall be indicated in the distribution plan as conditional and shall be distributed later upon its receipt.

 (4) A bailiff shall deliver a distribution plan to claimants and inform them of the right to file a claim for amendment of the plan upon disagreement with the plan.

§ 107.  Consideration of temporary claim and contingent claim

 (1) Upon distribution of revenue, a temporary claim is deemed to fall due and the claim is subject to satisfaction.

 (2) If a claim is not subject to interest payments, a bailiff shall, according to § 94 of the Law of Obligations Act, deduct from the sum of the claim the interest for the period as of the date of payment of revenue until the claim falls due.

 (3) If a claim is contingent upon a suspensive condition, a bailiff shall deposit the amount for the benefit of a claimant. The amount shall be deposited under the same conditions as the conditions for the claim. The bailiff shall pay the deposited amount to an entitled person when the claim falls due.

 (4) In the case specified in subsection (3) of this section, the right of an entitled person to a deposited amount shall extinguish ten years after the amount is deposited if the entitled person has not made an appearance to receive the deposited amount within the term.

 (5) After the expiry of the term provided for in subsection (4) of this section, the deposited amount shall be paid to a person who was the owner of the thing at the time it was sold. If the owner does not demand payment of the amount within one year after the creation of the right of claim, the money shall be transferred into the state budget.

§ 108.  Application of person who is not claimant for satisfaction of claim out of revenue

 (1) A pledgee or another person with the right of pre-emption in respect of a thing may, before the distribution of revenue, submit an application to a bailiff in which the person applies for the preferred satisfaction of his or her claim from the revenue, regardless of whether or not his or her claim has fallen due. Documents which certify the right shall be appended to the application.

 (2) A person whose right is extinguished by compulsory enforcement may, before the sale of a thing, submit an application to a bailiff in which the person applies for compensation for the extinguished right out of revenue. Documents which certify the right shall be appended to the application.

 (3) A bailiff shall forward an application of a third person together with the documents which certify the right to a debtor and claimants.

 (4) A bailiff shall take a claim of a pledgee or another person with the right of pre-emption into account upon distribution of revenue and preparation of a distribution plan on the basis of the ranking of the right if the right of security of a person who submitted an application is evident from a publicly reliable register or a contract on which pledge or another pre-emptive right is based is authenticated by a notary.

 (5) A bailiff shall take a claim of the proprietor of a right which extinguished upon compulsory enforcement into account if the right has been certified before sale, on the basis of the earlier ranking of the right. If the right is not evident from a publicly reliable register, the claim shall be satisfied after the claims of claimants. If the right has not been given notification of in due time, the claim arising from the right shall be satisfied after all other claims.

 (6) If claimants and a debtor fail to inform a bailiff before the distribution of revenue that they contest an application, the claim of the person who submitted an application shall be taken into account upon distribution of revenue and preparation of a distribution plan, on the basis of the ranking of the claim of the person.

 (7) If a claim of a person who submitted an application is not taken into account upon distribution of revenue and preparation of a distribution plan, a bailiff shall explain to the person who submitted the application an opportunity to file an action for the acceptance of the claim. The action may be filed within 15 days after the time when the person who submitted the application became aware of refusal to take the claim of the person into account.

§ 109.  Contestation and approval of distribution plan

 (1) Within 15 days after delivery of a distribution plan, a claimant may file an action against a bailiff and a concerned claimant for the contestation of a distribution plan with a county court of the seat of the bailiff’s office conducting the distribution proceedings.

 (2) A court may, for the period of the proceedings in respect of an action, suspend implementation of a distribution plan to the extent which is contested.

 (3) If a bailiff has not been notified of an action for contestation of a distribution plan within 20 days as of delivery of the distribution plan to claimants, the distribution plan is deemed to have been approved and the bailiff shall pay the revenue taking into account the specifications provided for in subsection 105 (2) of this Code.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (4) At the request of a plaintiff, a court may amend a distribution plan or demand that a bailiff prepare a new distribution plan.

Chapter 7 MAKING CLAIM FOR PAYMENT ON PROPRIETARY RIGHTS  

Division 1 General Provisions  

§ 110.  Application of provisions regarding making claim for payment on movables

  The provisions regarding making a claim for payment on movables apply upon making a claim for payment on proprietary rights, unless otherwise provided for in this Chapter.

§ 111.  Making claim for payment on claim

  In order to make a claim for payment on a claim, a bailiff shall seize the claim and oblige a third person who has obligations to a debtor to perform the obligations to the bailiff for the benefit of a claimant. The bailiff shall, by an instrument of seizure, prohibit the debtor from disposing of the claim, in particular from collecting the claim.

§ 112.  Claims on which claim for payment cannot be made

 (1) A claim for payment cannot be made on a claim which cannot be assigned, unless otherwise provided by law.

 (2) A claim for payment may be made on a claim the assignment of which is precluded or restricted by an agreement between parties.

 (3) A claim for payment may be made on a claim which cannot be assigned because the obligation cannot be performed to any other than the existing creditor without changing the nature of the obligation, if the object owed can be seized.

 (4) A claim for payment may be made on a claim for a compulsory portion of a spouse from an estate only if the claim for the compulsory portion has been recognised by an agreement or a debtor has filed an action for the collection of the compulsory portion. The same applies to a claim of a donor for the reclamation of a gift and to a claim of a debtor for compensation for non-proprietary damage.

§ 113.  Seizure of contingent claim and future claim

 (1) A contingent claim may be seized.

 (2) A future claim may be seized if it is possible to sufficiently define the claim at the time of the seizure.

§ 114.  Instrument of seizure of claim

 (1) An instrument of seizure of a claim shall contain the following information:
 1) the amount to be collected;
 2) a general description of the claim to be seized;
 3) a reference to an enforcement instrument;
 4) an order to perform the obligation to a bailiff instead of a debtor.

 (2) Seizure of a future claim shall be set out in an instrument of seizure.

 (3) A bailiff shall deliver an instrument of seizure to a third person who has obligations to a debtor. The bailiff shall deliver the instrument of seizure to the debtor immediately after the delivery of the instrument to the third person who has obligations to a debtor.

 (4) A claim has been seized if an instrument of seizure has been delivered to a third person who has obligations to a debtor.

 (5) If a bailiff has sent an instrument of seizure of a claim to a third person for enforcement, the instrument of seizure is also deemed to be in force in respect of the claims of a debtor which arise in the future. The instrument of seizure is in force until the claim is fulfilled. When the claim is fulfilled, the bailiff shall promptly cancel the instrument of seizure and notify a third person who has obligations to the debtor of the cancellation of the instrument of seizure.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 115.  Making claim for payment on debtor’s account

 (1) A claim for payment may be made on a debtor’s account. A credit institution shall issue information to a bailiff concerning the existence or absence of an account.

 (2) An account shall be seized on the basis of an instrument of seizure to the extent indicated therein. The money on the account shall be transferred pursuant to an instrument of seizure to the extent of the seized amount to the official bank account of a bailiff unless a ruling on securing an action other than a ruling on securing an action concerning a claim for child support made during court proceedings is the enforcement instrument. If, at the moment of seizure, money to the extent indicated in the instrument of seizure is not on the account of a debtor, the amounts received on the account after the moment of seizure are also deemed to be seized up to the outstanding amount. The amount received on the account after the moment of seizure shall be transferred to the official bank account of a bailiff until the enforcement of the instrument of seizure.

[RT I 2007, 25, 130 - entry into force 01.01.2008]

 (3) An instrument of seizure shall be forwarded to a credit institution electronically so that bailiffs can use it through the compulsory information system. An account shall be deemed to be seized after the credit institution has received an electronic instrument of seizure. A bailiff shall forward the instrument of seizure to a debtor immediately after receiving information from the credit institution concerning establishment of electronic seizure.

 (4) A credit institution which does not use the system of electronic seizure undertakes to accept an instrument of seizure on paper or with a digital signature and to organise immediate enforcement of the instrument of seizure. The credit institution shall immediately inform a bailiff if there are no financial resources for enforcement of the instrument of seizure on the seized account at the moment of seizure. The bailiff shall forward the instrument of seizure to a debtor immediately after he or she becomes aware of full or partial enforcement of the instrument of seizure.

 (5) If a bailiff has sent an instrument of seizure of an account of a debtor to a credit institution for enforcement, the instrument of seizure is also deemed to be in force in respect of the accounts to be opened by the debtor in the future. An account opened is deemed seized from the opening of the account unless the opening of the account is controlled electronically through the electronic seizure system provided for in § 631 of this Act.
[RT I, 14.03.2011, 1 - entry into force 01.01.2012]

 (51) A credit institution may refuse to open an account for a debtor if an instrument of seizure received from a bailiff is subject to enforcement in the same credit institution regarding an account of the debtor.
[RT I, 14.03.2011, 1 - entry into force 01.01.2012]

 (6) After the enforcement of an instrument of seizure, an account of the person shall be released from seizure. When the claim is satisfied, a bailiff shall promptly cancel all the instruments of seizure prepared for the fulfilment of this claim and notify each credit institution to which the instrument of seizure was sent of the cancellation of the instrument of seizure.
[RT I, 14.03.2011, 1 - entry into force 01.01.2012]

 (7) The format of instruments of seizure and the procedure and technical requirements for electronic seizure shall be established by the Minister responsible for the area.

§ 116.  Specifications for seizure of claim secured by mortgage and real encumbrance

 (1) In order to seize a claim secured by a mortgage, an entry concerning the seizure of the mortgage shall be made in the land register on the basis of an instrument of seizure in addition to the delivery of an instrument of seizure. A bailiff shall send the instrument of seizure and an application for the entry of a notation concerning prohibition to the land registry department.

[RT I 2010, 38, 231 - entry into force 01.07.2010]

 (2) If an instrument of seizure is delivered to a third person who has obligations to a debtor before the entry of the seizure, the seizure is enforced in respect of the person as of the time of the delivery.

 (3) The provisions of subsections (1) and (2) of this section also apply to claims for payment made on real encumbrances and to seizure of claims secured by maritime mortgages or the right of security entered in the civil aircraft register, unless otherwise provided by law.

§ 117.  Explanations of third person who has obligations to debtor

 (1) A bailiff shall oblige a third person who has obligations to a debtor to inform the bailiff at the request of a claimant within the term determined by the bailiff whether:
 1) the person recognises existence of a claim of the debtor and is ready to perform the obligation;
 2) other persons have submitted claims regarding the claim and the content of the claims;
 3) the claim of the debtor has already been seized for the benefit of other claimants and the content of their claims.

 (2) A third person who has obligations to a debtor shall be liable for damage caused to a claimant due to the failure of the third person to perform obligations.

 (3) A bailiff shall communicate the received information immediately to a claimant.

§ 118.  Collection of claims from third persons

 (1) In the case of seizure of a claim, a claimant has the right to demand that a third person perform an obligation instead of a debtor for the benefit of the claimant to a bailiff, including the right to file an action against a third person who has obligations to the debtor. In the case of several claimants, each of them may file an action for the satisfaction of a claim for all claimants.

 (2) A debtor shall provide information necessary for the collection of a claim and the documents relating to the claim to a claimant. In order to receive information, the claimant may request that an oath be taken from the debtor and, in order to receive the documents, request that a bailiff perform the enforcement actions necessary for the reclamation of a movable.

 (3) In a court action, a claimant who has filed an action for the satisfaction of a claim against a third person who has obligations to a debtor shall apply for the involvement of the debtor as a third person from a court, unless the residence or seat of the debtor is outside of the Republic of Estonia and the debtor does not have a representative in Estonia or the involvement means public delivery.

 (4) A debtor may demand that a claimant compensate for damage arising from the delay in filing an action or failure to involve the debtor in proceedings as a third person.

§ 1181.  Making claim for payment on financial obligations fulfilled to third persons

 (1) If a financial obligation or the financial obligations which was or were fulfilled for a debtor to any third persons exceed in total the amount of income of the debtor not subject to seizure prescribed by law, the bailiff has the right, for the fulfilment of a claim for support, to claim from the third person, by an instrument of seizure, reversal of the financial obligations fulfilled for the debtor to the benefit of the support claimant to the official bank account of the bailiff.

 (2) The amount paid as a financial obligation which exceeds the amount of income of the debtor not subject to seizure prescribed by law may be claimed from a third person for reversal on the basis of subsection (1) of this section. The third person is obliged to reverse any financial obligations fulfilled for the debtor which were fulfilled to the third person as of the service of the instrument of seizure specified in subsection (1) of this section.

 (3) If a bailiff seizes, on the basis of subsection (1) of this section, any financial obligations fulfilled to a third person, the obligations are deemed to be not fulfilled regarding the third person.

 (4) Subsection (1) of this section shall not apply if any obligation is fulfilled for a debtor by a third person who is a solidary obligor or provider of security with respect to this obligation.

 (5) Taxes and contributions to a mandatory funded pension, health insurance taxes and unemployment insurance premiums shall not be seized on the basis of subsection (1) of this section.

[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 119.  Distribution of revenue received from financial claim

 (1) If several bailiffs have seized a financial claim for the benefit of several claimants, a third person who has obligations to a debtor, including a credit institution, shall pay money to the bailiffs in the order of receipt of instruments of seizure. An instrument of seizure prepared on the basis of a claim for child support shall be deemed to be received first regardless of the moment of the receipt.

[RT I 2007, 25, 130 - entry into force 01.01.2008]

 (2) If money received from a claim is not sufficient for the satisfaction of all claims for payment, a bailiff shall distribute the money according to the chronological order of instruments of seizure pursuant to the procedure prescribed for the distribution of revenue received from the sale of movables.

§ 120.  Preliminary seizure of claim

 (1) Before seizure, a claimant may have a bailiff deliver, on the basis of an enforcement instrument, to a debtor and a third person who has obligations to the debtor a notice regarding the fact that, due to the planned seizure, the third person who has obligations to the debtor shall not make payments to the debtor and the debtor is not permitted to dispose of the claim, in particular collect the claim.

 (2) A notice of preliminary seizure delivered to a third person who has obligations to a debtor has the same legal consequences as seizure conducted in the course of enforcement proceedings if a claim is seized within 30 days after the delivery of the notice.

§ 121.  Making claim for payment on claim in other manner

 (1) On the basis of an application of a claimant or a debtor, a bailiff may make a claim for payment on a claim in any other manner than by demanding that a third person perform obligations in respect of the debtor if the seized claim is contingent or postponed or if collection of the claim is aggravated due to a counter-claim or for other reasons. The bailiff may sell the claim.

 (2) A bailiff shall deliver an application for making a claim for payment on a claim in any other manner to a claimant or a debtor, unless the consent of the counterparty regarding making a claim for payment on a claim in the other manner is submitted to the bailiff. The bailiff shall not decide on making a claim for payment on a claim in any other manner earlier than eight days after delivery of the notice to the counterparty of the publisher of the notice, unless the counterparty has responded to the notice earlier.

§ 122.  Specifications for making claim for payment on claim for transfer of possession of movable or right of ownership

 (1) Upon seizure of the possession of a movable or a right of ownership, a thing shall be delivered to a bailiff.

 (2) Upon delivery of a thing, the right of security is created on the thing for the benefit of a claimant.

 (3) If a claim for the transfer of the possession of a movable or a right of ownership is seized for the benefit of several claimants, a third person who has obligations to a debtor shall deliver the thing to a bailiff who was the first to deliver the instrument of seizure to the person. If a person who has obligations to the debtor does not deliver the thing to the bailiff, the claimant has the right to file an action for delivery of the thing.

 (4) The provisions regarding the sale of seized things apply to the sale of delivered things and distribution of the revenue received from the sale.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 123.  Specifications for making claim for payment on claim for transfer of possession of immovable or right of ownership

 (1) Upon seizure of a claim for the transfer of the possession of an immovable or a right of ownership, a thing shall be transferred to the possession of a bailiff or to the possession of a third person designated by the bailiff or shall be left in the possession of a third person who has obligations to the debtor.

 (2) If a claim for the transfer of the possession of an immovable or a right of ownership is seized for the benefit of several claimants, a third person who has obligations to a debtor shall deliver a thing to a bailiff or to the possession of a third person designated thereby who was the first to deliver the instrument of seizure to the person.

 (3) A preliminary notation for the benefit of the claimant shall be entered in the land register on the basis of a unilateral written application of a bailiff.

 (4) A claim for payment shall be made on an immovable pursuant to the procedure provided for making of claims for payment on immovables. If a person who has obligations to a debtor does not deliver a thing, the claimant has the right to file an action for delivery of the thing.

 (5) The provisions of subsections (1) to (4) of this section also apply upon making a claim for payment on a claim for the transfer of possession or ownership of a ship entered in a ship register or aircraft entered in a civil aircraft register.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 124.  Making claim for payment on securities

 (1) In order to seize securities listed in § 2 of the Estonian Central Register of Securities Act, a bailiff shall send an order to make a notation concerning prohibition on the disposal of rights and obligations. A security is seized as of its freezing in the register. The registrar is required to organise freezing immediately after the receipt of an order to seize.

 (2) After the delivery of an order, a bailiff shall deliver a notice concerning the seizure of securities immediately to a debtor.

 (3) If a security exists on paper, a bailiff shall take possession of the security from a debtor.

 (4) A bailiff shall sell securities according to the provisions regarding making claims for payment on movables. A bailiff has the right to register a registered security in the name of a purchaser and submit the necessary applications therefor instead of a debtor.

 (5) A bailiff shall present a bill of exchange, cheque or a bond for payment if this is possible arising from the security.

 (6) In order to sell securities registered in the Estonian Central Register of Securities, a bailiff shall submit an order to the registrar for the transfer of the seized securities to the official bank account of the bailiff. An order shall be communicated to the registrar by post or, upon existence of the necessary technical conditions and a corresponding agreement, electronically so that the bailiff can use it through the compulsory information system. The registrar shall enforce the order by way of debiting the securities account of the debtor and crediting the securities account of the bailiff.

 (7) A bailiff shall sell securities transferred to the official bank account of the bailiff according to the provisions regarding making claims for payment on movables, by transferring the securities to a purchaser by way of a transfer of securities provided for in the Estonian Central Register of Securities Act. The bailiff may also sell securities listed on the exchange or admitted for trading on a regulated securities market on the corresponding stock exchange or regulated market, taking account of the requirements provided for in the rules and regulation of the corresponding stock exchange or regulated market concerning the conducting of transactions and settlement.

 (8) Securities on which a claim for payment cannot be made may be prescribed by law.

§ 125.  Making claim for payment on share of private limited company

 (1) If a share of a private limited company is not entered in the Estonian Central Register of Securities, the share is deemed to be seized pursuant to the procedure provided for the seizure of movables. A bailiff shall inform the management board of the private limited company of the seizure.

 (2) A bailiff shall sell a share of a private limited company according to the provisions regarding making claims for payment on movables.

 (3) The bailiff who sells a share shall send a notice concerning the transfer of the share in the form established by the Minister responsible for the area to the registrar of the commercial register within two days as of the auction.

[RT I 2009, 51, 349 - entry into force 15.11.2009]

§ 1251.  Making claim for payment on membership of building association

 (1) Membership of a building association is deemed to be seized pursuant to the procedure provided for the seizure of movables. A bailiff shall inform the management board of the building association and the registrar of the non-profit associations and foundations register of the seizure.

 (2) A bailiff shall sell membership of a building association according to the provisions regarding making claims for payment on movables.

 (3) A bailiff who sells a share shall send a notice concerning the transfer of the membership in the form established by the Minister responsible for the area to the building association and the registrar of the non-profit associations and foundations register within two days as of the auction.

[RT I 2009, 51, 349 - entry into force 15.11.2009]

§ 126.  Making claim for payment on portion of partner in partnership property

  In order to make a claim for payment on a portion of a partner in partnership property, a claimant shall cancel a contract of partnership pursuant to the procedure provided for in the Law of Obligations Act. In the case of cancellation, a claim for payment may be made on the portion belonging to the partner upon distribution of assets.

§ 127.  Making claim for payment on inalienable right

 (1) A claim for payment may be made on an inalienable right in the manner determined by a bailiff if the exercise of the right can be transferred to another person and unless otherwise provided by law.

 (2) Upon compulsory enforcement of a right of use, a bailiff may determine the administration of the right. In such case, seizure means transfer of a thing used to the administrator, unless this has already been done by a court decision.

§ 128.  Making claim for payment on author’s proprietary rights

  Enforcement proceedings are permitted in respect of proprietary rights of an author if the author has commenced the exercise thereof and a work has been published with the consent of the author. Transfer of proprietary copyrights to a third person is also deemed to be exercise, regardless of the fact whether the third person has commenced to exercise the right.

§ 129.  Making claim for payment on other proprietary rights

 (1) If, upon seizure of a right, there is no third person who has obligations to a debtor or the circle of third persons cannot be determined exactly, the seizure is valid as of delivery of an instrument of seizure with a prohibition on the disposal of the right to the debtor, unless otherwise provided by law.

 (2) A notation concerning prohibition on disposal shall be entered in a register concerning a prohibition on the disposal of a right entered in a public register.

Division 2 Specifications for Seizure of Income  

§ 130.  Seizure of income

 (1) The right of security acquired upon seizure of a claim for payment for wages or another similar claim for payment of income also extends to amounts which fall due after the seizure.

 (11) Income is deemed to include in particular the debtor's remuneration or other similar payments, daily allowances, non-competition fees, fees for transfer of intellectual property or granting use thereof, pension, dividends and any goods, services, remuneration in kind or monetarily appraisable benefits, which the person received in connection with employment or service relationship, membership of any management or controlling body of a legal person or long-term contractual relationship.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (12) The value of any goods, services, remuneration in kind or monetarily appraisable benefits received in connection with employment of service relationship, membership of a management or controlling body of a legal person or long-term contractual relationship is the market price of these benefits.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (13) If the remuneration paid in money to a debtor during an employment or service relationship or membership of a management or controlling body of a legal person or on the basis of a long-term contractual relationship does not exceed the amount of income not subject to seizure prescribed for in § 132 of this Code and the debtor receives any benefits specified in subsection (12) of this section, a bailiff may seize the remuneration of the debtor paid in money, reckoning the value of the other benefits among the remuneration of the debtor.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (14) Before seizure of any remuneration paid in money on the basis of subsection (13) of this section to the extent which leaves the debtor such an amount of remuneration paid in money which is less than the income not subject to seizure prescribed for in § 132 of this Code, the bailiff shall hear the debtor and his or her employer or other contract partner and, if necessary, the claimant.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (15) A bailiff has the right to demand data concerning any other income of the debtor provided for in subsection (11) of this section and required for enforcement proceedings from the employer of the debtor and from other persons obligated with respect to the debtor. A third person is required to submit information unless he or she has the right pursuant to law to refuse to disclose information.

[RT I, 12.03.2015, 4 - entry into force 01.10.2015]

 (2) Seizure of remuneration or salary also extends to income which a debtor may receive in connection with transfer to another job or position or in connection with an increase in the remuneration or salary.

 (3) If a debtor commences employment with the same employer within six months as of the termination of the employment or service relationship, an earlier instrument of seizure is deemed to be valid in respect of the employer.

 (4) Upon seizure of income, taxes, contributions to a mandatory funded pension, health insurance taxes and unemployment insurance premiums are not deemed to be income.

§ 131.  Income on which claim for payment cannot be made

 (1) A claim for payment cannot be made on the following income:
 1) state family benefits;
 2) social benefits for disabled persons;
 3) social benefit within the meaning of the Social Welfare Act;
 4) compensation paid on the basis of subsection 351 (3) of the Artificial Insemination and Embryo Protection Act;
 5) unemployment allowances, grants, transport and accommodation benefits and business start up subsidy paid through the Estonian Unemployment Insurance Fund;
 6) compensation paid for causing of a bodily injury or health disorder, except compensation for lost income and compensation for non-patrimonial damage;
 61) work ability allowance;
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (date of entry into force changed - RT I, 17.12.2015, 1)]
 7) alimony based on law;
 8) parental benefit;
 9) health insurance benefit within the meaning of the Health Insurance Act, except benefits for temporary incapacity for work;
 10) state pension to the extent provided by law;
 11) support on release from prison.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) If making a claim for payment on other assets of a debtor have not led to or presumably do not lead to complete satisfaction of a claim of a claimant and if seizure is fair taking account of the type of the claim and the size of income, a claim for payment may be made on income specified in clauses (1) 6) to 8) of this section on the basis of an application of the claimant. If possible, a bailiff shall hear the debtor before the decision is made.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 132.  Share of income on which claim for payment cannot be made

 (1) Income shall not be seized if it does not exceed the amount of minimum wages prescribed for one month or a corresponding proportion of income for a week or day.

 (11) If making a claim for payment on other assets of a debtor has not led to or presumably does not lead to complete satisfaction of a claim for child support, up to fifty per cent of the income specified in subsection (1) of this section may be seized. If the amount seized out of the income of the debtor for the fulfilment of a claim for support of child is less than a half of the amount specified in subsection (1) of this section, up to one-third of the income of the debtor may be seized.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) If, pursuant to law, a debtor maintains another person or pays alimony to him or her, the amount not subject to seizure increases by one-third of the minimum monthly wages per each dependant unless a claim for child support is subject to compulsory execution.

[RT I 2007, 25, 130 - entry into force 01.01.2008]

 (3) Up to two-thirds of an amount equivalent to five times the minimum wages may be seized, and all the income which exceeds an amount equivalent to five times the minimum wages may be seized out of the proportion of income exceeding the amount not subject to seizure, provided that the amount subject to seizure does not exceed two-thirds of the total income. This provision does not apply if a claim for support is subject to compulsory execution.

[RT I 2007, 25, 130 - entry into force 01.01.2008]

§ 133.  Release of income transferred to account from seizure

 (1) A bailiff shall indicate in an instrument of seizure that the amount equal to the minimum monthly wage is not subject to monthly seizure and shall indicate, on the basis of the data known to him or her, the amount not subject to seizure per dependants of a debtor. A bailiff shall, on the basis of an application of the debtor, annul the seizure of the account within three working days to the extent which guarantees the income not subject to seizure for the debtor (the restrictions provided for in §§ 131 and 132 of this Code).
[RT I 2006, 7, 42 - entry into force 04.02.2006]

 (11) If the income of more than one month is transferred to a debtor’s account, a bailiff shall, on the basis of an application of the debtor, annul the seizure of the account within three working days to the extent which guarantees the income not subject to seizure for the debtor per each prepaid month in adherence with the restrictions provided for in §§ 131 and 132 of this Code. If the period for use of the income transferred to the debtor’s account cannot be determined, a bailiff shall transfer the income per one month not subject to seizure to the debtor.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) Until resolution of an application, a bailiff may suspend transfer of money to claimants from a seized account and release the account from seizure to the extent which is required to maintain a debtor and his or her family member.

§ 134.  Changes in circumstances on which calculation of income is based

 (1) In the case of changes in the circumstances on the basis of which a proportion of income on which a claim for payment cannot be made is calculated, a bailiff shall amend the instrument of seizure on the basis of an application of a debtor or a claimant.

 (2) Until delivery of an amended instrument, a third person who has obligations to a debtor may perform the obligation according to the earlier instrument.

§ 135.  Making claim for payment on concealed income

 (1) If a person to whom a debtor provides services is obliged to pay money to a third person or perform an act which, due to the nature of their relationship, may be deemed to be full or partial pay for the services of the debtor, the claim of the third person may be seized on the basis of an enforcement instrument concerning the debtor similarly to the claim of the debtor. Upon seizure of the claim for payment of the debtor also includes the claim of the third person against a third person who has obligations to the debtor. The instrument of seizure shall be delivered to the third person and the debtor.

 (2) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

 (3) In the case specified in subsection (1) of this section, a bailiff shall seize a claim on the basis of the information submitted by a claimant. A third person may file an action for release of property from seizure or for declaration of compulsory enforcement inadmissible for other reasons. The action shall be filed against the claimant.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 136.  Taking income into account upon distribution of money between claimants

 (1) In a distribution plan, income shall be taken into account together with the amounts which fall due in the future.

 (2) Within five working days after a proportion of income falls due, a bailiff shall pay from the deposited amount the amount belonging to a claimant.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

Chapter 8 MAKING CLAIM FOR PAYMENT ON IMMOVABLE  

Division 1 General Provisions  

§ 137.  Application of provisions regarding making claim for payment on movables

  The corresponding provisions regarding making a claim for payment on movables apply upon making a claim for payment on immovables, unless the provisions of this Chapter provide otherwise.

§ 138.  Application of provisions to rights equivalent to immovables and to ships and aircraft

 (1) The provisions of this Chapter also apply to enforcement proceedings regarding rights equivalent to immovables and aircraft entered in the Estonian aircraft register, unless otherwise provided by law. The provisions of this Chapter apply to ships entered in a ship register with the specifications prescribed in the Law of Maritime Property Act.

 (2) A claim for payment may be made on a share of an immovable or a right equivalent to an immovable if the share is a legal share of a co-owner or the claim of a claimant is based on the right encumbering the legal share.

§ 139.  Extent of making claim for payment on immovable

  Making a claim for payment on an immovable also includes things to which a mortgage extends, unless otherwise provided by law.

§ 140.  Making claim for payment on immovable

 (1) In order to fulfil a claim of a claimant, a claim for payment may be made on an immovable if a debtor is entered in the land register as an owner of the immovable or the debtor is a universal successor of the owner entered in the and register.

 (2) A claimant shall submit a reference to the land register to the bailiff.

[RT I, 21.06.2014, 8 - entry into force 01.01.2015]

 (3) Upon transfer of an immovable to a universal successor, documents certifying universal succession shall be submitted.

§ 141.  Making claim for payment on several immovables

  In order to make a claim for payment on several immovables, one procedure may be conducted if this is done due to one claim against the same debtor or the same right established regarding the immovables or due to a claim for which owners of the immovables are liable as joint and several debtors.

Division 2 Seizure  

§ 142.  Seizure of immovable

 (1) In order to seize an immovable, a bailiff shall record an immovable and its accessories and other objects to which a mortgage extends, prohibit their disposal and have a notation concerning prohibition on the use of the immovable entered in the land register.

 (2) If seizure extends to a claim of the owner of an immovable against a third person, a bailiff shall prohibit satisfaction of the claim by a third person who has obligations to a debtor on the basis of an application of a claimant.

 (3) Upon seizure of an immovable, no right of security is created on seized assets.

§ 143.  Instrument of seizure of immovable

  An instrument of seizure of an immovable shall set out the following:
 1) the enforcement instrument on which the claim for payment is based;
 2) information concerning the immovable in the land register;
 3) accessories and essential parts of the immovable;
 4) the price of the immovable;
 5) dimensions of buildings, number and purposes of rooms.

§ 144.  Valuation of immovables

 (1) Upon valuation of an immovable, a bailiff shall take the rights entered in the land register before the notation concerning prohibition into account according to the content of the land register.

 (2) Rights entered in the land register as a preliminary notation or objection shall be taken into account upon valuation as rights entered in the land register.

§ 145.  Entry of notation concerning prohibition in land register

 (1) After preparation of an instrument of seizure of an immovable, a bailiff shall immediately send to the land registry department a copy of an enforcement instrument and a unilateral application for entry of a notation concerning prohibition on disposal of the immovable in the land register.

 (2) After a notation concerning prohibition is made, the land registry department shall send an extract of the register part and copies of the documents on the basis of which the entries are made and which contain information on the residence or seat of the persons entered therein and their representatives to a bailiff.

 (3) A land registry department shall inform a bailiff of an application which has been submitted to the land registry department before the receipt of an application for a notation concerning prohibition and forward the copies of the documents on the basis of which the entry is applied for.

 (4) If a delay arising from the delivery of an enforcement notice may significantly damage attainment of the objectives of compulsory enforcement, a bailiff may also seize the immovable of a debtor or have a notation concerning prohibition entered in the register before the enforcement notice is sent.

§ 146.  Extent of seizure

 (1) Accessories of an immovable cannot be seized as movables. Other things to which a mortgage extends may be seized as movables if they have not been seized together with the immovable.

 (2) Seizure of an immovable includes agricultural and forestry produce of the immovable, and claims arising from the insurance thereof if the produce are still permanently attached to the land or are the accessories of the immovable.

 (3) Seizure of an immovable does not include lease and commercial lease claims or claims relating to the immovable arising from repeated payments, particularly claims for a payment for the right of superficies or a payment secured by real encumbrance.

 (4) Seizure of an immovable does not restrict the right of a commercial lessee to receive the fruit of the immovable.

 (5) Upon ordering compulsory administration to an immovable, seizure also extends to the assets provided for in subsections (2) to (4) of this section.

§ 147.  Ensuring of regular management

 (1) A seized immovable shall remain in the possession of a debtor and, the debtor can administer and use it within the limits of regular management, unless compulsory administration is ordered for the immovable.

 (2) If it may be presumed that a debtor endangers regular management or does it in the future, a court shall determine a measure necessary for the elimination of the danger on the basis of an application of a claimant. In particular, a supervisor or a compulsory administrator may be designated for the administration of an immovable.

 (3) A supervisor shall monitor the performance of the obligations of a debtor and inform a bailiff of violations of the obligations. Upon designation of a supervisor, a court shall determine a reasonable remuneration for the supervisor which is included in the enforcement costs.

 (4) The provisions of this Code concerning compulsory administration apply to the rights and obligations of a compulsory administrator.

§ 148.  Validity of seizure

 (1) Seizure is deemed to be valid as of the time when an instrument of seizure is delivered to a debtor or as of the time when a notation concerning prohibition is entered in the land register if this is done before the instrument is delivered to the debtor.

 (2) If seizure extends to a claim of the owner of an immovable against a third person and a bailiff prohibits the third person from making payments to a debtor, the seizure regarding the third person is deemed to be valid as of the time when the person becomes aware of the seizure or after the delivery of a document prohibiting satisfaction of the claim is delivered to the person. The bailiff may organise preliminary seizure of the claim.

§ 149.  Joining in compulsory enforcement

 (1) If an application for making a claim for payment on an immovable is submitted after the seizure of the immovable for the benefit of another claimant, a bailiff shall make a decision to permit the person who submitted the application to participate in the proceedings. Another instrument of seizure shall not be prepared and a notation concerning prohibition shall not be entered in the land register.

 (2) A claimant who has joined the proceedings has the same rights as the claimant on the basis of whose application an immovable was seized, unless otherwise provided by law.

§ 1491.  Specifications for seizure of apartment ownership

 (1) If a bailiff seizes an apartment ownership and the claimant is not a community of apartment owners or an apartment association, it shall send a notice concerning the seizure to the community of apartment owners or the apartment association immediately after a notation concerning prohibition is entered in the land register.

 (2) If the bailiff fails to identify the person of the administrator of a community of apartment owners or an apartment association within a reasonable period of time, the obligation specified in subsection (1) of this section shall be deemed to have been fulfilled if the notice was sent to another apartment owner of the same immovable property.

 (3) Within ten days after the receipt of the notice specified in subsection (1) of this section:
 1) the community of apartment owners shall submit documentation to the bailiff indicating the data specified in subsection 23 (42) of this Code;
 2) the apartment association shall submit documentation to the bailiff indicating the data specified in subsection 23 (43) of this Code;
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

Division 3 Sale in Enforcement Proceedings  

§ 150.  Object of compulsory auction

 (1) An object of a compulsory auction is an immovable and the objects seized together with the immovable the seizure of which is valid during the auction.

 (2) The accessories of an immovable belonging to a third person which are in the possession of a debtor are also the objects of a compulsory auction, unless the third person has achieved release of the immovable from seizure by the time the auction is conducted and has informed the bailiff thereof.

§ 151.  Separate and joint tender of immovables

 (1) Immovables to be sold in the course of the same enforcement proceedings shall be sold at separate auctions.

 (2) If immovables are encumbered with the same right, each participant in proceedings may demand that immovables be put at an auction jointly. Immovables may be also sold jointly at auction if, in the opinion of a bailiff, a joint bid results in greater revenue or saves enforcement costs.

§ 152.  Preclusion of movables at auction of immovables

  On the proposal of a claimant, a bailiff may determine that a movable is precluded from an auction of immovables and is transferred pursuant to the provisions concerning making claims for payment on movables if, upon the sale of the movables in such manner, it may be presumed that a higher price is received upon the sale of the movable or the separate sale of the movable is reasonable for other reasons.

§ 153.  Notification of auction

 (1) An announcement of an auction of an immovable shall, inter alia, set out:
 1) the number of the register part of the immovable;
 2) the location and size of the immovable;
 3) the name of the owner of the immovable entered in the land register;
 4) the name of the universal successor of the owner entered in the land register who is a debtor;
 5) the ascertained rights of third persons encumbering the immovable together with their rankings and other restrictions on immovable property ownership;
 6) a proposal to persons to inform a bailiff before the auction of the rights not registered by the time a notation concerning prohibition is entered in the land register and, at the request of a claimant, reason the rights.

 (2) The period of time between publication of an announcement of an auction and a notice of an auction and the auction shall be not less than 20 days, unless a court determine otherwise. An auction announcement shall be published in the publication Ametlikud Teadaanded and on the Internet in at least one of the most commonly used portals for sale offers for immovables. A bailiff may also publish an announcement in a newspaper which is on sale at the place of the auction. At the request of a claimant or a debtor, a bailiff shall publish the announcement in another publication at the expense of the claimant or the debtor. A bailiff shall also publish photographs of the immovable property in an Internet announcement.

[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

§ 1531.  Specifications for auction of apartment ownership

 (1) A community of apartment owners shall submit additional documentation to the bailiff before an auction concerning the amount of the liabilities specified in subsection 13 (4) of the Apartment Ownership Act fallen due after submission of an application for enforcement or of the documentation specified in clause 1491 (3) 1) of this Code but before the auction is held.

 (2) An apartment association shall submit additional documentation to the bailiff before an auction concerning the amount of the liabilities specified in subsection 7 (3) of the Apartment Associations Act fallen due after submission of an application for enforcement or of the documentation specified in clause 1491 (3) 2) of this Code but before the auction is held.
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

§ 154.  Written bid

 (1) A person wishing to buy an immovable at an oral auction may, until the beginning of the auction, submit a written bid to the bailiff which shall set out the information specified in subsection 86 (1) of this Code and the number of the register part and location of the immovable.

 (2) A written bid shall be submitted in a sealed envelope with the notation "auction" and reference to the object of the auction. The envelope shall be opened at the oral auction.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 155.  Passing of risk of accidental loss of immovable

  The risk of accidental loss of an immovable and objects sold together with the immovable passes to a purchaser at an auction after a bid is declared to be the best. As of the moment when the bid is declared to be the best, the purchaser shall incur all costs and duties and receive all the income.

§ 156.  Acquisition of immovable

  Ownership of an immovable sold at an auction is created on the basis of a report on the auction by making an entry in the land register.

§ 1561.  Acquisition of immovable by loan

 (1) If an immovable is acquired by a loan, a purchaser shall notify a bailiff thereof pursuant to the procedure provided for in § 931 of this Code.

 (2) If a purchaser and a credit institution agree on encumbrance of an immovable sold at an auction with mortgage as the security for a loan and on entry of an agreement concerning subjection to immediate compulsory execution in the land register, the purchaser shall inform thereof at the same time with informing of the intent to buy the immovable by a loan. The credit institution shall notify the bailiff of the time of authentication of the transaction by a notary, the name and contact details of the notary.

 (3) When a credit institution issues a guarantee to a bailiff in a format which can be reproduced in writing or the bailiff receives a copy of the deposit receipt concerning transfer of the money to a notary’s bank account, the bailiff shall immediately send to a notary a digitally signed report on the auction, an application for deletion of the notation concerning prohibition and the rights extinguishing with the enforcement procedure and his or her consent for entering the mortgage in the land register, unless otherwise agreed.

 (4) A notary shall submit a real right contract for the establishment of mortgage, an agreement concerning the claims secured by the mortgage and subjection to immediate compulsory execution, a registration application and the documents specified in subsection (3) of this section to the land registry department.

 (5) A notary shall transfer the sum of money deposited in the notary’s bank account to the official bank account of a bailiff within three working days as of registration of the documents specified in subsection (4) of this section in the land registry journal.

 (6) Upon failure to conclude the agreements specified in subsection (4) of this section within 30 days as of the preparation of the report on the auction, a notary shall return the documents specified in subsection (3) of this section to a bailiff and the money transferred to the notary’s bank account pursuant to subsection (3) of this section to a credit institution.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 157.  Sale in other manner

  Immovables may be sold under the supervision of a bailiff pursuant to the procedure provided for in § 102 of this Code.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 158.  Rights preserved

 (1) Upon sale of an immovable in enforcement proceedings, the rights arising from the land register which have the same ranking as or higher ranking than the claim of a claimant or the right securing the claim shall be preserved.

 (2) If an immovable is sold in order to fulfil a claim which has several different rankings, the preservation of rights shall be based on a claim which has a higher ranking.

 (3) Rights which have lower ranking than a claim shall extinguish when a bid is declared to be the best. The right belonging to a claimant and entered in the land register, if a claim for payment is made to satisfy the claim arising from the right, is also deemed to have extinguished.

 (4) At an auction, the rights arising from a servitude do not extinguish if the servitude was established on the basis of the right arising from law to establish a servitude.

§ 159.  Rights preserved based on agreement

 (1) A right entered in the land register which would extinguish upon sale of an immovable and should be deleted from the land register shall be preserved if an entitled person and a purchaser agree thereon by an agreement authenticated by a notary and submit the agreement to a bailiff before submission of an application for the deletion of the rights from the land register.

 (2) In the case specified in subsection (1) of this section, an agreement is deemed to be satisfaction of a claim of an entitled person out of an immovable.

 (3) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 160.  Entries in land register

 (1) A bailiff shall submit to a land registry department a copy of the report at an auction, applications for the entry of a purchaser in the land register as the owner and for the deletion of a notation concerning prohibition and extinguishing rights immediately after the payment of the whole purchase price unless otherwise provided by law.

[RT I 2010, 38, 231 - entry into force 01.07.2010]

 (11) The applications for entry of an owner and a mortgage shall be deemed to be applications submitted by a purchaser and a mortgagee in the cases specified in subsections (1) and (2) of this section. The purchaser is required to pay a state fee in the amount prescribed in the State Fees Act.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (12) In the cases specified in subsections (1) and (2) of this section, an application for entry of an owner shall be deemed to be an application submitted by a purchaser. The purchaser is required to pay a state fee in the amount prescribed in the State Fees Act.

[RT I 2009, 68, 463 - entry into force 01.01.2010]

 (2) In order to make an entry concerning the extinguishment of rights, the consent of holders of the rights to be extinguished within the meaning of § 341 of the Land Register Act is not required.

 (3) If a purchaser applies, before the purchaser is entered in the land register as an owner, for the entry of the right regarding the immovable which was an auction or consents to the making of an entry, an entry shall not be made on such bases before the purchaser is entered in the land register as the owner.

§ 161.  Cancellation of lease contracts and commercial lease contracts

  A purchaser may cancel a lease contract or a commercial lease contract under the terms and conditions and within the term prescribed in § 323 of the Law of Obligations Act. The purchaser may not cancel the lease contract or commercial lease contract if a notation has been entered in the land register according to § 324 of the Law of Obligations Act and the notation cannot be deleted due to its ranking.

Division 4 Compulsory Administration of Immovable  

§ 162.  Ordering immovable to compulsory administration

 (1) After seizure, a court shall order compulsory administration of an immovable and appoint an administrator on the basis of an application of a bailiff, claimant or debtor.

 (2) Due to a claim arising from a right entered in the land register, compulsory administration of an immovable may be also ordered if a debtor has not been entered in the land register as the owner or is not the successor of the owner, but is the possessor of the immovable on the basis of a transaction for the acquisition of the immovable.

§ 163.  Appointment of administrator

 (1) A claimant or a bailiff and a relative or relative by marriage of the bailiff shall not be appointed as an administrator. A relative or relative by marriage of the claimant may be an administrator only with the written consent of the debtor and the claimant.

 (2) A court has the right to replace an administrator if the administrator fails to perform the obligations thereof.

 (3) If a court does not appoint an administrator, an immovable subject to compulsory administration remains in the possession of a debtor.

§ 164.  Entry concerning compulsory administration and giving notification of compulsory administration

 (1) An entry concerning compulsory administration and a compulsory administrator shall be made in the land register on the basis of a court ruling.

 (2) A court shall deliver a notice on ordering the compulsory administration of an immovable to participants in the enforcement proceedings and a bailiff after an entry concerning compulsory administration is made in the land register.

§ 165.  Possession of compulsory administrator

 (1) A compulsory administrator has the right to take possession of an immovable on the basis of a ruling which appoints him or her the administrator of the immovable.

 (2) If, upon taking possession of an immovable, a debtor uses physical resistance, a compulsory administrator has the right to use the assistance of the police in order to eliminate the resistance and take possession of the immovable.

 (3) If an immovable is in the possession of a third person, a compulsory administrator may demand transfer of the possession on the basis of an enforcement instrument against a debtor and a ruling which appoints him or her the administrator of the immovable. If the immovable is in the possession of a commercial lessee, lessee or a usufructuary, the administrator shall be the indirect possessor and the administrator shall, by an instrument of seizure, be granted the right to collect claims instead of the debtor.

§ 166.  Validity of seizure upon compulsory administration

 (1) Upon compulsory administration, an immovable is deemed to be seized as of the time when an administrator becomes the possessor of the immovable.

 (2) An administrator may apply to a bailiff for the bailiff to prohibit a third person who has obligations to a debtor to pay to the debtor.

§ 167.  Functions of administrator

 (1) An administrator shall accept the transfer of an immovable on the basis of a ruling which orders compulsory administration of the immovable and requires the administrator to transfer the immovable with the same composition and in the same economic condition.

 (2) An administrator has the right and obligation to perform all transactions and acts which are necessary for preservation of the condition and for the regular management of an immovable. The administrator may collect claims related to the immovable and sell fruits not necessary for administration.

 (3) An administrator shall perform the commercial lease and lease contracts entered into before the seizure of an immovable. The administrator may enter into new commercial lease and lease contracts with a term until the end of the period of compulsory administration.

 (4) If an immovable remains under the administration of a debtor, the debtor shall manage the immovable pursuant to the same procedure as the administrator. The debtor may dispose of the property only with the consent of a bailiff.

§ 168.  Supervision by bailiff

 (1) After asking an opinion of a claimant and a debtor, a bailiff shall issue instructions necessary for compulsory administration and exercise supervision over the management of the administrator.

 (2) If necessary, a bailiff may demand that an administrator provide a security.

§ 169.  Liability and reporting obligation of administrator

 (1) An administrator is liable for the performance of his or her obligations to participants in the enforcement proceedings. The provisions concerning authorisation agreements apply to relations between an administrator and participants in proceedings, except provisions regulating payment of remuneration and cancellation of authorisation agreements.

 (2) An administrator is required to submit reports on the management of an immovable to a bailiff within the terms designated by the bailiff.

 (3) A debtor and a claimant have the right to examine the reports of an administrator.

§ 170.  Payment of user fee

 (1) The rent or usufruct fee payable for the use of an immovable shall be paid to an administrator.

 (2) A court may determine that rent be paid on the official bank account of a bailiff if these amounts are not necessary to manage the immovable.

§ 171.  Remuneration of administrator

 (1) Upon appointment of an administrator, a court shall approve the remuneration for the administrator which the administrator has the right to receive from the fruit of the immovable. If a debtor is the administrator, remuneration shall not be paid to the debtor.

 (2) If the fruits received from an immovable in the course of administration do not cover the amount determined as remuneration for the administrator, the outstanding amount shall be added to the enforcement costs.

§ 172.  Right of debtor to use seized immovable

 (1) A debtor and his or her family members who reside in a dwelling located on an immovable during the seizure of the immovable may continue to reside there during the period of compulsory administration.

 (2) A debtor shall compensate for the damage caused by the use of the immovable to a claimant.

§ 173.  Termination of compulsory administration

 (1) Compulsory administration shall be terminated by a decision of a bailiff after a claim of a claimant is satisfied.

 (2) If continuation of compulsory administration would require disproportionate expenses and a claimant fails to pay an amount necessary for it in advance, a bailiff may have recourse to a court in order to decide on the continuation of compulsory administration or sale of the thing.

Division 5 Distribution of Revenue between Claimants  

§ 174.  Distribution of revenue received from sale and compulsory administration of immovable

 (1) A bailiff shall distribute the revenue received from the sale and compulsory administration of an immovable between claimants and other persons entitled to participate in the distribution of revenue on the basis of the rankings arising from the land register and in the order of seizure or on the basis of an agreement between claimants. If seizures take place concurrently, claimants shall receive the same ranking upon distribution of revenue.

 (2) According to a distribution plan, enforcement costs are deducted from the revenue to be distributed.

 (3) Claims shall be satisfied out of the revenue and taken into account in a distribution plan in the following order and, in the case of the same ranking, in proportion to the amount of the claims:
 1) in the case of compulsory administration preceding a compulsory auction, a claim of a claimant as an advance payment for compensation for the expenses incurred for maintenance of and necessary improvements to an immovable unless the expenses can be covered out of the income received from the immovable;
 2) claims arising from rights entered in the land register according to the ranking of the right in the land register and their collateral claims to the extent provided by law;
 21) claims for child support, with the exception of the part of the claim for child support which has transferred to the state due to payment of maintenance allowance;
[RT I, 12.03.2015, 4 - entry into force 01.10.2015]
 3) claims of claimants for securing of which seizure of an immovable has been carried out or compulsory enforcement has been joined and which are not satisfied according to clauses 1) to 21) of this subsection;
[RT I 2007, 25, 130 - entry into force 01.01.2008]
 4) the rest of the claims.

 (4) In the case of claims specified in clause (3) 3) of this section and in the case of several claimants, a claimant for whose benefit the seizure was carried out earlier or who joined compulsory enforcement shall be entitled to privileged claims.

§ 175.  [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 176.  Rights of holders of rights deleted from land register

 (1) If the right of a person entered in the land register extinguishes upon the sale of an immovable, the holder of the right may, pursuant to the procedure provided for in subsection 108 (2) of this Code, demand compensation for the deleted right according to the previous ranking of the deleted right.

 (2) Compensation for personal servitude and real encumbrance established for an unspecified term shall be paid to an entitled person as monthly payments, which shall be calculated on the basis of the annual value of the right. The amount shall be paid for three months in advance.

 (3) A claim for compensation provided for in subsection (2) of this section shall be taken account of in a distribution plan as a sum which corresponds to the total sum of all future payments but does not exceed 25 times the sum of the annual payment. The plan determines how the sum must be distributed when a person entitled to receive the sum dies or is terminated or the claim ceases to exist.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 177.  Distribution plan upon compulsory administration

 (1) Upon compulsory administration of an immovable, a bailiff shall prepare a distribution plan for the distribution of revenue received from compulsory administration between claimants for the whole period of compulsory administration.

 (2) An administrator shall make payments on the basis of a distribution plan when the claims have fallen due.

Chapter 81 RESTRICTION OF RIGHTS IN CASE OF CHILD SUPPORT INDEBTEDNESS  
[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 1771.  Warning about suspension of rights and validity of authorisations and prohibition to issue thereof

 (1) If a child support debtor fails to regularly pay child support within two months in the course of enforcement proceedings and a bailiff fails to collect it out of the assets of the debtor, the bailiff shall warn the debtor with the consent of the claimant that the rights and validity of the authorisations listed in subsection 1772 (1) of this Code shall be suspended and the grant thereof shall be prohibited if the debtor fails to meet at least one of the following conditions within 30 days as of the service of the warning:
 1) make the payment of support for at least one month;
 2) enter into a payment schedule agreement for the payment of support with the claimant and pay the first instalment;
 3) provide reasons why restricting of the right and authorisation indicated in the warning would be unfair, particularly in the case the debtor had a good reason for failure to pay support or if restricting of the right would seriously impede coping of the debtor and his or her dependants.

 (2) The warning specified in subsection (1) of this section is valid for two years as of the service thereof. If the debtor once again discontinues regular support payments during this time without giving a good reason therefor, a bailiff shall file an application to a court on the basis of clauses 1773 (1) 2) or 3) of this Code without giving a new warning to the debtor. A bailiff may reassess, during the period of validity of the warning, whether the reason stated by the debtor on the basis of clause (1) 3) of this section is good and submit an application to a court on the basis of clause 1773 (1) 4) of this Code.

 (3) A bailiff may submit several applications during the period of validity of one warning for suspension of the rights of the debtor and prohibition to grant thereof.

 (4) A bailiff shall not issue the warning specified in subsection (1) of this section if the debtor has previously stated a clearly good reason for failure to pay support.

 (5) Prior to issue of a warning, a bailiff shall ascertain whether the debtor has the rights and authorisations specified in subsection 1772 (1) of this Code. If the debtor does not have any of the rights or authorisations specified in subsection 1772 (1) of this Code, the bailiff shall not issue the warning specified in subsection (1) of this section to the debtor.

 (6) The format of the warning about restriction of rights of debtors shall be established by a regulation of the minister responsible for the area.

[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 1772.  Suspension of rights and validity of authorisations and prohibition to grant thereof in case of indebtedness

 (1) If a debtor fails to regularly pay support within three months in the course of the enforcement proceedings initiated for collection of child support and a bailiff fails to collect it out of the assets of the debtor, a court may, with the consent of the claimant and based on an application of the bailiff, to which the warning of the debtor preceded, suspend by a regulation and without a term the following rights and the validity of the following authorisations:
 1) hunting rights;
 2) right to drive power-driven vehicles;
 3) weapons permits and acquisition permits for weapons;
 4) right to drive recreational craft and personal water craft;
 5) fishing cards.

 (2) If a court suspends the validity of a right or authorisation of the debtor or both of them on the basis of subsection (1) of this section, it shall prohibit by the same court ruling the grant of the respective right or authorisation or both.

 (3) A court may suspend several rights and authorisations specified in subsection (1) of this section at the same time and prohibit the grant thereof. Upon suspension of a right and validity of an authorisation and prohibition of grant thereof, the court shall take into consideration the provisions of subsection 1774 (2) of this Code.
[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 1773.  Application of bailiff for suspension of rights and validity of authorisations of debtor and prohibition to grant thereof

 (1) A bailiff submits an application to a court for suspension of the rights and validity of the authorisations of a debtor specified in subsection 1772 (2) of this Code and prohibition to grant thereof to a debtor if:
 1) the debtor fails to meet at least one of the conditions specified in subsection 1771 (1) of this Code within 30 days as of the service of the warning;
 2) the debtor commenced meeting of the support claim after service of the warning but discontinued it without good reason for at least 30 days;
 3) the debtor entered into a payment schedule agreement with the claimant after the service of the warning but failed to perform it properly;
 4) the bailiff is not satisfied with the existence of the good reasons stated by the debtor on the basis of clause 1771 (1) 3) of this Code or that the reasons are sufficiently good.

 (2) A bailiff shall append the following to the application specified in subsection (1) of this section:
 1) application for enforcement;
 2) information about service of an enforcement notice;
 3) summary of receipt of money in enforcement proceedings;
 4) information about the rights with which suspension and prohibition to grant the claimant agrees;
 5) information on service of the warning issued on the basis of subsection 1771 (1) of this Code;
 6) reasons of the debtor for failure to pay support and necessity of the right which is suspended or which grant is prohibited;
 7) information on which rights and authorisations specified in subsection 1772 (1) of this Code the debtor has;
 8) other relevant information.
[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 1774.  Review of applications for suspension of rights and validity of authorisations and prohibition to grant thereof and filing of appeal

 (1) A court shall review an application of a bailiff for suspension of the rights of a debtor and prohibition to grant rights in a proceeding on petition.

 (2) A court shall not suspend the rights of a debtor or prohibit the grant thereof to a debtor if, after filing of the application specified in subsection 1773 (1) of this Code by the bailiff, the debtor:
 1) commenced meeting of the support claim and paid the support for at least two months;
 2) entered into a payment schedule agreement for the payment of support with the claimant and paid support for at least one month;
 3) provides reasons why restriction of rights would be unfair in respect of him or her, in particular if a good reason existed for failure to pay support or if suspension of the right or prohibition to grant the right would seriously impede coping of the debtor and his or her dependants.

 (3) A court shall serve a debtor and a bailiff the court ruling on suspension of a right and authorisation of the debtor and prohibition to grant a right and authorisation to him or her.

 (4) A court shall serve a ruling bearing a notation regarding entry into force to relevant authorities for suspension of the right and validity of the authorisation specified in the court ruling and performance of the acts necessary for prohibition to grant the right and authorisation.

 (5) A debtor shall be explained in a court ruling which acts the debtor has to perform due to suspension of any rights and during which term.

 (6) Participants in proceedings may file an appeal against the ruling of a county court on suspension of a right and validity of an authorisation of a debtor and prohibition to grant a right and authorisation to him or her pursuant to the procedure provided for in the Code of Civil Procedure. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

§ 1775.  Termination of suspension of rights and validity of authorisations of debtors and prohibition to issue thereof

 (1) A court shall terminate, by a ruling, suspension of a right and validity of an authorisation of a debtor and prohibition to grant a right and authorisation to him or her on the basis of an application of the debtor if:
 1) the debtor has paid support for at least three months;
 2) the debtor has entered into a payment schedule agreement with the claimant and performed it at least during three consecutive months;
 3) refusal to terminate suspension of a right or prohibition to grant a right would be unfair in respect of the debtor;
 4) the obligation to pay support has expired.

 (2) A court shall serve on the applicant and bailiff the ruling which terminates suspension of a right or validity of an authorisation of the debtor and prohibition to grant a right or authorisation to him or her.

 (3) A court shall serve a ruling bearing a notation regarding entry into force to relevant authorities for performance of acts relating to termination of suspension of the right or validity of the authorisation specified in the court ruling and prohibition to grant the right or authorisation.

[RT I, 12.03.2015, 4 - entry into force 01.03.2016]

Part 3 ENFORCEMENT PROCEEDINGS FOR EXTRADITION OF PERSON AND DELIVERY OF THING AND FOR PERFORMANCE OF CERTAIN ACTS OR REFRAINING FROM ACTS  

§ 178.  Reclamation of movable

 (1) If, according to an enforcement instrument, a debtor is required to deliver a certain movable or a certain amount of fungible things or securities in the form of a document, a bailiff shall remove these from the debtor and hand them over to a claimant.

 (2) If a thing is not found, a debtor shall inform a bailiff of the location of the thing.

 (3) If a debtor fails to give notification of the location of a thing, the provisions of § 183 of this Code apply.

§ 179.  Return of child and right to communicate with child

 (1) In a matter concerning return of a child and the right to communicate with a child, a bailiff shall perform an enforcement action in the presence of a representative of the local government of the residence of the child or, as an exception, of the obligated person, and the representative shall have specific expertise in communication with children.

 (2) If an obligated person impedes compulsory enforcement, the provisions of § 183 of this Code may be applied to the person.

 (3) If necessary, a bailiff may raise a question regarding temporary placement of a child in a children’s social welfare institution in front of a representative of the local government of the residence of the child or, as an exception, of the obligated person.

 (4) A bailiff may use force in respect of a child or a person obligated to return the child or allow communication with the child only on the basis of a court decision. A court shall allow to use force for enforcement of a decision only if application of other measures is or will be unsuccessful or if prompt enforcement of the decision is necessary and the use of force is justified by the need to ensure the child’s well-being which cannot be achieved in any other way.

[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 180.  Release of immovable

 (1) If a debtor must release, transfer or vacate an immovable, including apartment ownership or a part thereof, a dwelling or another room, a bailiff shall grant a term of up to three months to the debtor for the voluntary compliance with the enforcement instrument.

 (2) A bailiff shall deliver an enforcement notice concerning the release of an immovable to a debtor not less than 14 days before the planned compulsory enforcement. The enforcement notice shall, inter alia, set out the following:
 1) the term for voluntary compliance with the enforcement instrument;
 2) the right of a bailiff to vacate the immovable by way of compulsory enforcement and evict the debtor and the persons who are with the debtor;
 3) the date of release of the immovable by way of compulsory enforcement;
 4) the obligations of the debtor to release the immovable, find premises for the storage of property, inform the bailiff of the location of the premises and, if circumstances preventing eviction become evident, inform the bailiff thereof.

 (3) If a debtor fails to voluntarily comply with an enforcement instrument within a prescribed period, a bailiff shall release the immovable from the possession of the debtor and grant it to the possession of the claimant. Things are subject to removal and persons are subject to eviction. If necessary, the bailiff shall involve the police in the release of the immovable.

 (4) A bailiff shall separate movables which are not the object of compulsory enforcement and shall deliver these to a debtor or to the disposal of the debtor and, in the absence of the debtor, to his or her representative or to adult family members of the debtor. If none of the specified persons is present, the bailiff shall place the things in the storage facility of seized things at the expense of the debtor or organise their storage in another place. The bailiff shall not organise the storage of such property the sale of which is not expedient due to its low value, except things not subject to seizure. The specified property shall be subject to removal.

 (5) If a debtor fails to reclaim the things specified in subsection (4) of this section within two months as of vacation of the rooms or reclaims the things without paying for the costs, a bailiff shall sell the things and deposit the received revenue. Things which cannot be sold shall be destroyed.

 (6) A bailiff shall prepare a report on taking possession of an immovable, which shall be signed by the bailiff and the persons who were present at taking of possession.

§ 181.  Release of thing in possession of third person

 (1) If a thing claimed is in the direct possession of a third person and the person refuses to release the thing, the right to demand release of the thing shall be seized on the basis of an application of a claimant.

 (2) If it is clearly obvious that a thing claimed has been transferred into the direct possession of a third person in order to prevent release, a bailiff has the right to release the thing from the possession of the third person.

§ 182.  Enforcement proceedings for performance of act which can be performed by third person

 (1) If a debtor fails to perform an obligation to perform an act which can be performed by a third person, a bailiff may permit a claimant to have the act performed at the expense of the debtor.

 (2) On the basis of an enforcement instrument requiring performance of an act and an application of a claimant, a claim for payment may be made on the assets of a debtor to cover the costs incurred. The same applies if a third person requests an advance payment in order to perform an act.

 (3) The provisions of subsections (1) and (2) of this section do not apply to enforcement proceedings aimed at release of things.

§ 183.  Enforcement proceedings for performance of act which can be performed only by debtor

  If an act can be performed only by a debtor but the debtor fails to do so by the designated due date or the debtor violates the obligation to tolerate a certain act or refrain from a certain act, a bailiff may impose a penalty payment on a debtor pursuant to the procedure specified in § 261 of this Code.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 184.  Enforcement of court judgment which requires making declaration of intention

 (1) If a court judgment requires that a debtor make a declaration of intention, the court judgment which has entered into force shall replace the declaration of intention. If the declaration of intention depends on the performance of obligations by a claimant, the declaration of intention is deemed to be made if the claimant or a bailiff has offered performance of the obligation to the debtor according to this Code.

 (2) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

 (3) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

 (4) Upon acquisition of assets in the case provided for in subsection (1) of this section, the legal consequences of acquisition of assets are the same as upon acquisition on the basis of a transaction.

[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 185.  Delivery of thing in case of court decision which requires transfer of ownership

  If a debtor is required to transfer ownership or create a right in a movable, the thing is deemed to be delivered if a bailiff removes the thing in order to deliver it to a claimant. The thing is deemed to be delivered on the basis of a transaction.

§ 186.  Right of claimant to demand compensation

 (1) If a court decision prescribes monetary compensation for violation of an obligation but a defendant fails to comply with the court decision, a claimant may demand only the payment of monetary compensation in enforcement proceedings.

 (2) The provisions of this Part do not preclude or restrict the right of a claimant to demand that a debtor compensate for the damage caused by failure to comply with an enforcement instrument.

Part 4 RECOVERY OF ASSETS OF DEBTOR  

§ 187.  Recovery of assets of debtor in enforcement proceedings

 (1) A claimant may file an action against a debtor and counterparty and demand that a court declare the transaction which damages the interests of claimants invalid (hereinafter recovery) on the bases and pursuant to the procedure provided for in this Part. For the purposes of this Part, disposal of an object in enforcement proceedings is also deemed to be a transaction.

 (2) A claimant may demand recovery if the claimant has an enforcement instrument and the claim of the claimant has fallen due and making a claim for payment on the assets of a debtor has not brought about satisfaction of the claim of the claimant in full or there is reason to presume that making the claim for payment does not result in the satisfaction of the claim.

§ 188.  General bases for recovery of transactions

 (1) A court shall declare invalid a transaction which has been entered into by a debtor within three years before an action of a claimant for the declaration of the transaction invalid has been filed in order to knowingly damage the interests of the claimant if the counterparty knew or should have known thereof at the time of entry into the transaction.

 (2) It is presumed that a counterparty knew or should have known that a transaction damages the interests of another creditor if the counterparty is a person connected with a debtor or the transaction was entered into six months before the commencement of enforcement proceedings or seizure of the assets of the debtor.

 (3) Persons connected with a debtor shall be determined according to § 117 of the Bankruptcy Act.

§ 189.  Recovery of gratuitous contract

 (1) A court shall declare a gratuitous contract of a debtor invalid, unless the contract has been entered into earlier than two years before an action for declaration of the transaction invalid is filed.

 (2) A court may revoke a contract of sale, barter agreement or any other contract on the bases provided for in subsection (1) of this section if due to a disparity in the obligations of the parties it is evident that the contract had even partly the nature of a gratuitous contract.

 (3) Benefits and customary gifts which correspond to the financial situation of a debtor are not subject to recovery.

§ 190.  Recovery of division of joint property

  A court shall revoke the marital property contract between a debtor and his or her spouse or the agreement on the division of their joint property whereby the debtor renounced his or her property or share in the joint property to a material extent, if the marital property contract or the agreement on the division of joint property was entered into:
 1) after the commencement of enforcement proceedings;
 2) within one year before the commencement of enforcement proceedings;
 3) before commencement of the term specified in clause 1) of this section but within two years before the commencement of the enforcement proceedings unless the debtor or his or her spouse proves that the debtor was solvent at the time of dividing the property or renouncing the property and did not become insolvent due to division of the joint property or renouncing of the property.

§ 191.  Recovery of security

 (1) A court shall revoke the grant of security if the security was granted:
 1) after the commencement of enforcement proceedings;
 2) in order to secure an obligation which had arisen within six months before the commencement of the enforcement proceedings if the debtor was not required to grant such security at the time when the obligation arose or if the debtor was insolvent at the time of granting the security and the person in whose favour the security was granted was or should have been aware of the insolvency;
 3) within two years before the commencement of the enforcement proceedings if the security was granted in favour of a person connected with the debtor unless the person or the debtor proves that the debtor was solvent at the time of granting the security.

 (2) Grant of security shall not be recovered if the security was granted in order to secure a loan or any other credit agreement and after granting the security the debtor came into possession of the amount of money corresponding to the value of the security pursuant to the secured contract, except in the case specified in clause (1) 3) of this section.

 (3) A person connected with a debtor is presumed to be aware of a debtor's insolvency.

§ 192.  Legal acts of successors

  If a successor has fulfilled a claim for a compulsory portion, a legacy or a testamentary obligation out of the share of an estate, a claimant who has a claim in respect of the estate and whose claim, in the event of bankruptcy proceedings regarding the estate, would be of a higher or the same ranking as compared to the claim of the recipient of the performance may demand declaration of the act invalid in the same manner as a gratuitous contract entered into by the successor is declared invalid.

§ 193.  Calculation of terms

  If, already before the receipt of an enforcement instrument or before a claim falls due, a claimant has informed a person who has concluded a transaction with a debtor in writing of an intention to file an action in order to declare the transaction invalid, the specified terms shall be calculated as of the time of receipt of the notice if the debtor has been unable to satisfy the claim of the claimant already at that time and if an action for recovery is filed within one year as of that time.

§ 194.  Recovery in respect of legal successors

  An action for recovery may be filed also in respect of the legal successor of a person who entered into a transaction with a debtor pursuant to the procedure established in § 116 of the Bankruptcy Act.

§ 195.  Legal consequences of recovery of assets

 (1) If a court revokes a transaction by way of recovery procedure, a counterparty is required to grant the proceeds of the transaction together with the fruits and other gain for the benefit of a claimant to the disposal of the bailiff conducting enforcement proceedings. The bailiff shall organise the distribution of the proceeds between claimants according to the order of filing of claims.

 (2) The provisions of subsections 119 (2) to (4) of the Bankruptcy Act apply to the legal consequences of recovery.

 (3) A counterparty may demand that a debtor return that which was delivered according to the transaction and, if returning is impossible, compensation for the value of that which was delivered within six months as of the entry into force of the court judgment on the basis of which assets were recovered from the counterparty, but if the counterparty has delivered the assets subject to recovery to the claimant without a court judgment, as of the date of delivery of the assets.

§ 196.  Conditional declaration of invalidity of transaction

  If a bailiff has only a court decision subject to immediate enforcement or a judgment with a reservation against a debtor, a court shall make, in a judgment declaring a transaction to be invalid, the admissibility of enforcement proceedings dependant on the entry into force or cessation of the reservation of the judgment made against the debtor.

§ 197.  Commencement of bankruptcy proceedings

 (1) If the bankruptcy of a debtor is declared, the right to conduct proceedings regarding a claim for annulment of a transaction filed by a creditor in bankruptcy proceedings is transferred to a trustee in bankruptcy. In such case, only a counterparty is deemed to be the defendant.

 (2) If proceedings regarding a dispute concerning the annulment of a transaction are still conducted by a court during declaration of bankruptcy, judicial proceedings shall be terminated. On the basis of an application of a trustee in bankruptcy, the proceedings may be continued.

 (3) A trustee in bankruptcy may amend an action.

 (4) If a trustee in bankruptcy does not wish to continue proceedings, it may be continued regarding the procedure expenses on the basis of an application of a party. If the trustee in bankruptcy does not wish to continue proceedings, it does not deprive him or her from the right to file an action for recovery according to the Bankruptcy Act.

Part 5 SPECIFICATIONS FOR ENFORCEMENT OF DECISIONS, JUDGMENTS AND RULINGS IN MISDEMEANOUR AND CRIMINAL MATTERS  

Chapter 9 ENFORCEMENT OF DECISIONS, JUDGMENTS AND RULINGS IN MISDEMEANOUR AND CRIMINAL MATTERS  

Division 1 General Provisions  

§ 198.  Order of making of claim for payment

 (1) A claim for payment shall be made on the property of a debtor in the following order:
 1) money, valuables, securities and claims;
 2) the rest of the movables;
 3) immovables.

 (2) Taking account of the order of making a claim for payment which is provided for in subsection (1) of this section, the last claim for payment shall be made on the share of a debtor in joint property.

Division 2 Payment of Fine Imposed as Punishment for Misdemeanour  

§ 199.  Procedure for collection of fines

 (1) Enforcement proceedings for the collection of a fine imposed as punishment for a misdemeanour shall be conducted pursuant to a court judgment or the decision of an extra-judicial body which has entered into force and is sent to a bailiff for enforcement.

 (2) Fines imposed as punishment for misdemeanours shall be transferred to the state budget. A bailiff shall inform a representative of a claimant thereof.

 (3) If a rural municipality or city government conducting extra-judicial proceedings imposes a fine, the fine imposed as a punishment for a misdemeanour shall be transferred to the budget of the local government which made the corresponding decision.

 (4) If a legal person in private law which has entered into a contract under public law with a rural municipality or city government conducts extra-judicial proceedings and has imposed a fine, the fine imposed as a punishment for a misdemeanour shall be transferred to the budget of the local government which has entered into a contract under public law with the legal person in private law.

§ 200.  Term for payment of fine

 (1) If a court or extra-judicial body has not ordered a fine to be paid in instalments, the fine shall be paid in full. A bailiff shall set a term for a debtor to pay the fine in full and the term shall not be shorter than 10 days or longer than 30 days. The debtor shall submit a payment document to the bailiff concerning payment of the fine.

 (2) If an extra-judicial body or a court has ordered a fine to be paid in instalments according to subsections 66 (2) and (3) of the Penal Code, the fine shall be paid in instalments and within the term prescribed by the decision or court judgment.

 (3) If a fine is not paid within the designated term or the term for the payment of a fine in instalments is not complied with and the term for payment of the fine has not been extended, a bailiff shall make a claim for payment against the assets of a debtor pursuant to the procedure provided for in this Code.

§ 201.  Substitution of fine by detention

 (1) If a fine has not been paid in full by the designated due date or the due dates for the payment of instalments of a fine are not complied with and the term for payment of the fine has not been extended and a debtor has no assets on which a claim for payment could be made, a bailiff shall give notice to a claimant that payment is impossible not later than one year after acceptance of the fine for processing by the bailiff and not later than three years after entry into force of the judgement in misdemeanour matter. If there are no circumstances which preclude substitution of punishment, the claimant shall send an application for the fine to be substituted by detention pursuant to § 72 of the Penal Code to the county court which ordered enforcement of the court judgment. The claimant shall inform the debtor and the bailiff of submission of such application.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (11) If the term for payment of a fine is extended and a debtor fails to comply with the term prescribed in the judgement on the extension of the term for payment of the fine and the debtor has no assets against which a claim for payment could be made, a bailiff shall notify a claimant that payment is impossible at the latest two months after the due date for payment of the fine specified in the judgement on the extension of the term for payment of the fine but not later than after three months after entry into force of a judgment or decision made with regard to a misdemeanour. The claimant shall submit an application for the fine to be substituted by detention to the court and inform the bailiff and the debtor pursuant to the procedure provided for in subsection (1) of this section.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) The amount of the fine which has been paid shall be indicated in an application specified in subsection (1) of this section.

 (3) If a debtor pays a fine in full before the application of substitutive detention, a bailiff shall terminate proceedings for collection of the fine and notify the county court immediately of payment of the fine.

 (4) A bailiff shall terminate enforcement proceedings concerning a claim for payment of a fine on the basis of a court ruling ordering detention.

§ 202.  Termination of enforcement proceedings concerning claim for payment of fine due to expiry of limitation period for enforcement of court judgment or decision of extra-judicial body

 (1) A bailiff shall terminate enforcement proceedings based on a court judgement made in a misdemeanour matter or a claim for the payment of a fine imposed pursuant to a decision of an extra-judicial body due to expiry of the limitation period if the fine has not been collected within the term provided for in § 82 of the Penal Code.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) [Repealed - RT I 2009, 68, 463 - entry into force 01.01.2010]

§ 203.  Termination of enforcement proceedings concerning claim for payment of fine due to death of natural person or dissolution of legal person

  Upon the death of a natural person or dissolution of a legal person, a claim of payment shall not be made against the assets of the successor of the natural person or legal successor of the legal person and enforcement proceedings shall be terminated.

Division 3 Enforcement of Pecuniary Punishment and Fines to Extent of Assets Imposed for Criminal Offence  

§ 204.  Procedure for collection of amounts of pecuniary punishment and fines to extent of assets

 (1) Enforcement proceedings for the collection of amounts imposed as pecuniary punishment and fines to the extent of assets imposed in criminal matters shall be conducted pursuant to a court judgment which has entered into force and has been sent to a bailiff for enforcement.

 (2) The amounts of pecuniary punishment and fines to the extent of assets shall be transferred to the state budget.

§ 205.  Term for payment of amounts of pecuniary punishment and fines to extent of assets

 (1) Amounts of pecuniary punishment and fines to the extent of assets shall be paid in full, if a court has not ordered the amount of pecuniary punishment to be paid in instalments. A bailiff shall set a term for a debtor to pay the amount of pecuniary punishment or the fine to the extent of assets and the term shall not be shorter than 60 days or longer than 90 days. The debtor shall submit a payment document to the bailiff concerning payment of the amount of pecuniary punishment or the fine to the extent of assets.

 (2) If a court has, pursuant to subsection 66 (1) of the Penal Code, ordered payment of an amount of pecuniary punishment in instalments or, pursuant to § 424 of the Code of Criminal Procedure, extended the term for payment of an amount of pecuniary punishment or fine to the extent of assets, the amount of pecuniary punishment or fine to the extent of assets shall be paid in the instalments and within the term prescribed by the court judgment or ruling.

§ 206.  Consequences of failure to pay amounts of pecuniary punishment and fines to extent of assets

 (1) If a debtor has failed to pay a sum of money imposed as a pecuniary punishment or fine to the extent of assets or a part of pecuniary punishment within a designated term, a bailiff shall explain to the debtor his or he right to request that a court extend enforcement of the pecuniary punishment or fine to the extent of assets according to § 424 of the Code of Criminal Procedure. The bailiff shall inform the debtor of the consequences of failure to pay the sum of money imposed as a pecuniary punishment or fine to the extent of assets.

 (2) If the sum of money imposed as a pecuniary punishment or fine to the extent of assets is not paid by the designated due date or the terms for the payment of instalments of an amount of pecuniary punishment are not complied with and the term for payment of an amount of pecuniary punishment or a fine to the extent of assets has not been extended and a debtor has no assets against which a claim for payment could be made, a bailiff shall give notice to a claimant that payment is impossible not later than three years after acceptance of the pecuniary punishment or fine to the extent of assets for processing by the bailiff and not later than seven years after the entry into force of the court judgment. If there are no circumstances which preclude substitution of punishment, the claimant shall send an application for the pecuniary punishment or fine to the extent of assets to be substituted by imprisonment pursuant to §§ 70 and 71 of the Penal Code to the county court which ordered enforcement of the court judgment. The claimant shall inform the debtor and the bailiff of submission of such application.
[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (3) If a debtor pays the amount of pecuniary punishment or a fine to the extent of assets in full before the imposition of substitutive punishment, a bailiff shall terminate proceedings for the collection of such amounts and notify the county court immediately of payment of the amount of pecuniary punishment or the fine to the extent of assets in writing.

 (4) If a court has made a ruling ordering substitutive punishment, a bailiff shall terminate enforcement proceedings for the collection of an amount of pecuniary punishment or a fine to the extent of assets on the basis of the ruling ordering substitutive punishment.

§ 207.  Termination of enforcement proceedings for collection of amount of pecuniary punishment or fine to extent of assets due to expiry of limitation period of court judgment

 (1) Enforcement proceedings the collection of an amount of pecuniary punishment or a fine to the extent of assets shall be terminated by a bailiff due to expiry of the limitation period if the said amount or fine has not been collected within the term provided for in § 82 of the Penal Code.

[RT I, 14.03.2011, 1 - entry into force 24.03.2011]

 (2) [Repealed - RT I, 14.03.2011, 1 - entry into force 24.03.2011]

§ 208.  Termination of enforcement proceedings for collection of amount of pecuniary punishment and fine to extent of assets due to death of natural person and for collection of amount of pecuniary punishment due to dissolution of legal person

  Upon the death of a natural person or dissolution of a legal person, a claim of payment shall not be made against the assets of the successor of the natural person or legal successor of the legal person and enforcement proceedings shall be terminated.

Division 4 Enforcement of Other Claims for Payment in Misdemeanour Procedure and Criminal Procedure  

§ 209.  Enforcement of expenses in misdemeanour procedure and other public law claims for payment in misdemeanour matters

  The provisions of subsections 199 (2) to (4), subsection 200 (1) and §§ 202 and 203 of this Code apply to the enforcement of expenses in misdemeanour proceedings determined by a court judgment or ruling or a decision or ruling of an extra-judicial body and other public law claims for payment.

§ 210.  Procedure for enforcement of expenses in criminal procedure and other public law claims for payment

  The provisions of subsection 204 (2), 205 (1) and §§ 207 and 208 of this Code apply to the enforcement of costs of criminal proceedings determined by a court judgment or ruling and other public law claims for payment in criminal matters.

§ 211.  Establishment of procedure for receipt of public law claims for payment imposed in criminal or administrative matters or matters of misdemeanour

  The procedure for the payment of a pecuniary punishment or fine to the extent of assets, expenses relating to criminal proceedings and other public law claims for payment imposed in a criminal matter into the state budget, the procedure for the payment of fines imposed by a court judgment or ruling, procedure expenses and other public law claims for payment imposed in administrative court procedure into the state budget and the procedure for the payment of fines or fines as a warning, procedure expenses and other public law claims for payment imposed in a matter of misdemeanour into the state budget shall be established by the Minister responsible for the area.

Part 6 DELIVERY OF DECLARATION OF INTENTION THROUGH BAILIFF  

§ 212.  Delivery of declaration of intention

  A person may communicate a declaration of intention or a document to another person through a bailiff by submitting an application and documents to the bailiff.

§ 213.  Application of Code of Civil Procedure

  The provisions of the Code of Civil Procedure concerning delivery of enforcement instruments apply to delivery of declarations of intention through a bailiff, unless otherwise provided by law. A bailiff may use all manners for the delivery of documents which are permitted for courts.

§ 214.  Public delivery of declaration of intention

  Public delivery of a declaration of intention may be organised on the basis of a court ruling if communication of the declaration of intention in another manner is clearly impossible or the declaration of intention must be communicated to the public or an unknown person.

§ 215.  Remuneration of bailiffs

  A bailiff’s fee for communication of a declaration of intention shall be provided for in the Bailiffs Act.

§ 216.  Preparation of certificate of delivery

 (1) A bailiff shall prepare a certificate of delivery concerning the delivery of a document in the format established by the Minister responsible for the area. One original copy of the certificate shall be issued to the sender of the document and it proves communication of the document.

 (2) A notice and a certificate of delivery shall also set out the name of the person on the basis of whose application a document was delivered.

Part 7 APPEALS AND ACTIONS IN ENFORCEMENT PROCEEDINGS  

§ 217.  Complaints about decisions and activities of bailiff

 (1) A participant in enforcement proceedings may file a complaint to a bailiff about a decision or the activities of a bailiff upon execution of an enforcement instrument or refusal to perform an enforcement action, within ten days as of the day on which the complainant becomes or should have become aware of the decision or action, unless otherwise provided by law.

 (2) A bailiff can restore the term specified in subsection (1) of this section pursuant to the procedure provided for in the Code of Civil Procedure. A complaint about a decision to refuse restoration of the term may be filed with the county court of the location of the bailiff’s office. A ruling of a court of first instance concerning a complaint is not subject to appeal.

 (3) A bailiff shall review a complaint about the activities of a bailiff in the presence of the participants in proceedings within 15 days and make a decision within 10 days after the review.

 (4) A bailiff shall inform the participants in proceedings of the time of review of a complaint. Failure of participants in proceedings to be present at the examination of the complaint shall not constitute an impediment to the review of the complaint.

 (5) A bailiff shall make a reasoned decision concerning a complaint and deliver it to the participants in proceedings.

 (6) If a participant in proceedings fails to file a complaint within the term specified in subsection (1) of this section, the participant loses the right to rely later on facts which the participant in proceedings could have presented in the complaint.

§ 218.  Appeal against decision of bailiff made regarding complaint

 (1) A participant in proceedings may file an appeal against a decision of a bailiff made regarding a complaint to a county court in the jurisdiction of which the bailiff’s office is located within ten days as of the delivery of the decision. An appeal against a decision or activities of a bailiff cannot be filed with a court without filing a complaint to the bailiff beforehand.

 (2) A court shall review an appeal against a decision of a bailiff in proceedings on petition within 15 days as of the filing of the appeal. A court may decide to suspend enforcement proceedings against a security or without a security or to continue enforcement proceedings against a security until adjudication of the appeal.

 (3) Participants in proceedings and a bailiff may file an appeal against a county court ruling made regarding a decision of the bailiff. Appeals may be filed against the circuit court ruling on the appeal against the ruling.

§ 219.  Filing of appeal against ruling of judge in enforcement proceedings

  An appeal against a ruling of a judge may be filed in enforcement proceedings, unless otherwise provided by law.

§ 220.  Contestation of acceptance of enforcement instrument for enforcement by person not specified in enforcement instrument

 (1) A debtor may, by an action filed against a claimant, contest acceptance of an enforcement instrument for enforcement in the case provided for in § 18 of this Code and if enforcement proceedings have been commenced against a person not specified in the enforcement instrument.

 (2) The limitation period or an action is ten days as of the delivery of an enforcement notice to a debtor.

§ 221.  Action for declaration of compulsory enforcement to be inadmissible

 (1) On the basis of an enforcement instrument, a debtor may file an action against a claimant for declaration of compulsory enforcement to be inadmissible, in particular for reason that a claim has been satisfied, postponed or set off. Satisfaction of the action does not affect the validity or legal force of the enforcement instrument.

 (11) In the case of another compulsory execution besides a judicial decision, particularly in the case of the enforcement instruments specified in clauses 2 (1) 18) to 191) of this Code, a debtor can also submit, in the action for declaration of compulsory enforcement to be inadmissible, all objections to the existence and validity of the claim arising from the enforcement instrument.

[RT I, 06.12.2010, 1 - entry into force 05.04.2011]

 (2) In the case of a court decision, the objections specified in subsection (1) of this section are admissible only if the grounds on which they are based were created after the entry into force of the court decision.

 (3) An action may be filed until the end of enforcement proceedings.

[RT I, 06.12.2010, 1 - entry into force 05.04.2011]

 (4) If an action is satisfied, a claimant shall bear the enforcement costs.

§ 222.  Action of third person for release of property from seizure or declaration of compulsory enforcement inadmissible for other reason

 (1) A third person who has the right regarding an object of compulsory enforcement which prevents compulsory enforcement, especially the right of ownership or a limited real right, may file a claim for release of property from seizure or for declaration of compulsory enforcement inadmissible for other reasons with a court in the jurisdiction of which the compulsory enforcement is conducted.

 (2) A third person may also file an action specified in subsection (1) of this section if a restraint on disposition specified in § 88 of the General Part of the Civil Code Act made for the benefit of the person is violated in enforcement proceedings.

 (3) An action shall be filed against a claimant and a debtor.

 (4) Upon satisfaction of an action, a bailiff shall release property from seizure and submit an application to a register for the deletion of a notation concerning prohibition.

 (5) If, by the time an auction is conducted, the holder of the right which obstructs the conduct of an auction in respect of the seized property has failed to submit to a bailiff an agreement or a court decision for the release of the property from seizure or suspension or termination of enforcement proceedings and the property is sold at auction, the third person loses the right regarding the property and has the right to receive only the revenue of the auction.

§ 223.  Action for declaration of auction invalid

 (1) Within 30 days after the delivery of a report on an auction, a participant in enforcement proceedings may file an action with a court for the declaration of the auction invalid if property has been sold to a person who did not have the right to purchase the property or if the auction was conducted on the basis of a void seizure or other essential conditions of the auction were violated.

 (2) Upon declaration of an auction invalid:
 1) a debtor may demand that a purchaser release a sold thing pursuant to § 80 of the Law of Property Act or, if this is impossible, file a claim on the basis of the provisions of unjust enrichment;
 2) a claimant may demand continuation of the enforcement proceedings;
 3) a purchaser may demand refund of the purchase price and that a bailiff refund the enforcement costs, including the bailiff's fee;
 4) a participant in proceedings may demand that a bailiff compensate for damage according to the Bailiffs Act.

Part 8 IMPLEMENTING PROVISION  

§ 224.  Entry into force and implementation of Code

  This Code enters into force at the time and pursuant to the procedure provided for in the Code of Civil Procedure and the Code of Enforcement Procedure.

Issuer:Riigikogu
Type:act
In force from:01.01.2024
In force until:31.03.2024
Translation published:22.12.2023

Part 1 GENERAL PROVISIONS 

Chapter 1 ENFORCEABLE TITLES AND PRINCIPAL ARRANGEMENTS CONCERNING ENFORCEMENT  

§ 1.  Scope of application of this Code

  This Code provides for the rights and obligations of debtors, of parties seeking enforcement and of enforcement agents and lays down the rules for the enforcement of enforceable titles.

§ 2.  Enforceable titles

 (1) This Code states the rules that govern the enforcement of claims stated in the following enforceable titles:
 1) a judgment or court order rendered in a civil case, which has entered into effect or is enforceable without delay;
 2) a judgment or order of an administrative court that has entered into effect or is enforceable without delay and concerns case costs or any other monetary claims stemming from public law that have fallen due, or an award of compensation for harm caused in a public-law relationship, or measures of interim relief to secure payment of a monetary claim;

[RT I, 31.01.2014, 6 – entry into force 01.02.2014]
 3) a judgment or order rendered in a criminal case, which has entered into effect and which concerns criminal sanctions that consist in a monetary claim that has fallen due, the costs of criminal proceedings or any other monetary claims that have fallen dues;
 4) a judgment or order rendered in a misdemeanour case, which has entered into effect and which concerns a fine imposed as a sanction for a misdemeanour, the costs of misdemeanour proceedings or any other public-law claims that have fallen due;
 41) a decision or order of the Unified Patent Court that has entered into effect and is mentioned in Article 82 of the Agreement on a Unified Patent Court (OJ C 175, 20.06.2013, pp. 1–40);
[RT I, 04.07.2017, 4 – entry into force 01.06.2023 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court (announcements of the Ministry of Foreign Affairs – RT II, 04.03.2023, 3 and RT II, 04.03.2023, 4)]
 5) a disposition of a foreign court that has been declared enforceable in Estonia or that is enforceable without having been recognised;

[RT I, 31.12.2014, 1 – entry into force 10.01.2015]
 51) an official document of a foreign state that has been declared enforceable in Estonia or that is enforceable without having been recognised;

[RT I, 31.12.2014, 1 – entry into force 10.01.2015]
 6) a decision of an arbitral tribunal that has been declared enforceable;
[RT I, 19.03.2019, 8 – entry into force 01.04.2019]
 61) a decision of the Arbitral Tribunal of the Estonian Chamber of Commerce and Industry or of the Chamber of Notaries that has entered into effect;
[RT I, 19.03.2019, 8 – entry into force 01.04.2019]
 7) a decision of a rent tribunal that has entered into effect;
[RT I, 04.07.2017, 3 – entry into force 01.01.2018]
 71) a decision of the Public Procurement Appeals Committee that has entered into effect and concerns a monetary claim that has fallen due;

[RT I 2007, 15, 76 – entry into force 01.05.2007]
 72) a decision of the Ethics Tribunal of the Bar Association that has entered into effect;

[RT I, 21.12.2012, 1 – entry into force 01.03.2013]
 73) a decision which has been rendered by the employment tribunal and has entered into effect or is enforceable without delay, or an order by which the tribunal approved a compromise;
[RT I, 04.07.2017, 3 – entry into force 01.01.2018]
 8) a settlement reached in proceedings conducted before an out-of-court dispute resolution body provided for by law, including an agreement that was reached in conciliation proceedings and has been approved by the Chancellor of Justice;
 9) a decision or order of an out-of-court proceedings authority concerning a fine imposed as a sanction for a misdemeanour, concerning a cautionary fine imposed under the written caution procedure, concerning a fixed penalty imposed under the abridged procedure or concerning the costs of misdemeanour proceedings or any other public-law monetary claims that have fallen due;
[RT I, 31.05.2018, 1 – entry into force 01.01.2019]
 10) an order of an investigative authority or of the Prosecutor's Office for collection of information needed to impose a forfeiture of property or for deciding confiscation of proceeds of a criminal offence, and for reimbursement of the costs of the case in pre-trial proceedings, or an order of the Prosecutor's Office concerning repayment of compensation for harm caused in offence proceedings;

[RT I, 20.11.2014, 1 – entry into force 01.05.2015]
 11) an administrative decision that constitutes the basis for collection of a non-compliance levy and of the costs of substitutional performance;
 12) an administrative decision issued by the tax administration concerning compulsory enforcement of tax liabilities and of other monetary obligations;
 13) a compliance notice for enforcement of a statutory fee, issued by the administrative authority that performed the operation for which the fee is due;
 14) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.01.2018];
 141) a decision made under the procedure for acquisition of immovable property in the public interest, including under the expropriation procedure;
[RT I, 29.06.2018, 1 – entry into force 01.07.2018]
 142) [Repealed – RT I, 29.06.2018, 1 – entry into force 01.07.2018];
 15) – in relation to the claim to hand over possession of an item of immovable property – a record of compulsory auction on the basis of which the person who purchased the item at the auction was registered as its owner in the Land Register;
 16) the enforcement agent’s decision concerning the agent’s fee and the costs of enforcement and concerning the imposition of a non-compliance levy;

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]
 17) an invoice for the notary’s fee for an official notarial operation and for the costs related to its performance;

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]
 171) [Repealed – RT I, 23.12.2013, 1 – entry into force 01.01.2014]
 18) a notarially authenticated agreement concerning a monetary claim by which, on the claim’s falling due the debtor has consented to submit to immediate compulsory enforcement;
 181) a notarially authenticated agreement concerning a claim for maintenance, by which the debtor has consented to submit to immediate compulsory enforcement;

[RT I 2009, 68, 463 – entry into force 01.01.2010]
 19) a notarially authenticated agreement which provides an obligation for the owner of an item of immovable property or of a ship registered in the Register of Ships or of an item of movable property encumbered with a registered security to submit to immediate compulsory enforcement for the satisfaction of a claim secured by a mortgage, a maritime mortgage or a registered security;

[RT I 2009, 30, 178 – entry into force 01.10.2009]
 191) a notarially authenticated agreement which provides an obligation for the owner of a construction work that is deemed to constitute movable property, or of a part of such a construction work, to submit to immediate compulsory enforcement for the satisfaction of a claim secured by a pledge contract concerning the construction work or part thereof;
 192) a notarially authenticated agreement which provides an obligation for the owner of an item of immovable property to submit to immediate compulsory enforcement for the satisfaction of a monetary claim secured by a real encumbrance;

[RT I 2009, 68, 463 – entry into force 01.01.2010]
 193) an agreement which is mentioned in subsection 9 of § 351 of the Land Reform Act and which has been concluded in writing, or a decision of the County Governor or of the Director General of the Land Board, which obligates the owner of an item of immovable property to submit to immediate compulsory enforcement for the satisfaction of a monetary claim secured by a real encumbrance;
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]
 20) a decision on the imposition of an overdue parking fee made in the course of enforcement of parking regulations;
 21) in a situation provided for by law, an administrative decision for the performance of a monetary obligation stemming from public law;
 22) a decision of the Council, of the Commission or of the European Central Bank which is made under Article 299 of the Treaty on the Functioning of the European Union and which imposes a monetary obligation on a party other than a State;
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]
 23) a decision of the Office for Harmonisation in the Internal Market mentioned in Article 82 of Council Regulation (EC) No 40/94 on the Community trade mark (OJ L 011, 14.01.1994, pp. 1–36) and Article 71 of Council Regulation (EC) No 6/2002 on Community designs (OJ L 003, 05.01.2002, pp. 1–24);

[RT I 2009, 4, 24 – entry into force 01.03.2009]
 24) an agreement concluded in conciliation proceedings and approved and declared to be enforceable in accordance with the rules provided by Chapter 621 of the Code of Civil Procedure;
[RT I 2009, 59, 385 – entry into force 01.01.2010]
 25) an agreement approved by a conciliation body according to the rules provided by § 26 of the Conciliation Act;

[RT I 2009, 59, 385 – entry into force 01.01.2010]
 26) a notarially authenticated agreement mentioned in subsections 3 or 4 of § 14 of the Conciliation Act.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]
 27) a certificate that is issued by the apartment association and that is mentioned in subsection 44 of § 23, subsection 4 of § 1491 and subsection 3 of § 1531 of this Act concerning a claim arising from apartment ownership rights.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (2) An agreement mentioned in clause 19 of subsection 1 of this section binds the legal successor of the owner of an item of immovable property or a ship only if a corresponding note has been entered in the Land Register or the Register of Ships.

 (3) Compulsory enforcement may not be carried out on the basis of an enforceable title mentioned in clause 15 of subsection 1 of this section if the possessor possesses the item of property on the basis of a right which has not expired or been terminated due to compulsory enforcement. Any dispute concerning expiration of the right is disposed of by a district court based on a court claim made by the possessor.

 (4) Enforcement proceedings cannot be initiated on the basis of an enforceable title mentioned in clause 27 of subsection 1 of this section.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

§ 3.  Organisation of enforcement

 (1) Unless otherwise provided for by law, the enforcement of enforceable titles is arranged by enforcement agents.

 (2) The legal status and disciplinary liability of enforcement agents is provided for by the Enforcement Agents Act.

§ 4.  Territorial jurisdiction

 (1) Unless otherwise provided by this Code, the debtor ‘s property is levied upon by the enforcement agent serving the district – as determined by a regulation of the Minister in charge of the policy sector – in which the debtor has their residence or seat or in which the debtor’s property is situated.

 (2) Where, at the debtor’s residence or seat, there is no property to levy upon, the proceedings that have been commenced may be pursued by the enforcement agent outside their district.

 (3) Where the debtor moves into the district served by another enforcement agent and no property that could be levied upon remains at the debtor’s previous residence, the enforcement agent who commenced the proceedings may pursue them to their conclusion.

 (4) The enforcement agent performs enforcement operations only in the territory of the Republic of Estonia. Enforcement proceedings conducted in a foreign state are subject to the law of the state where they are conducted. In order to receive information required for enforcement of an enforceable title in a foreign state, a person has a right to address the Ministry of Justice of the Republic of Estonia.

§ 5.  Parties to enforcement proceedings

 (1) The parties to enforcement proceedings are the person who has filed a claim for enforcement (the party seeking enforcement), the person against whom a claim has been filed for enforcement (the debtor), and any other persons whose rights are affected by enforcement proceedings.

 (2) In addition to other parties, any person who has a right that presents an obstacle to compulsory enforcement or a claim which entitles them to receive a part of the proceeds of the sale of the property in question, and who informs the enforcement agent of such a right and, where the enforcement agent or a party to proceedings requires this, substantiates that right, is also party to enforcement proceedings.

 (3) In addition to other parties to enforcement proceedings concerning an item of immovable property, such proceedings include, as parties, any persons for whose benefit a right has been entered or an entry protecting a right has been made in the Land Register by the time a restraining note is recorded in that Register.

§ 6.  [Repealed – RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 7.  Refusal to perform an enforcement operation

 (1) The enforcement agent refuses to perform an enforcement operation strictly for a reason provided by law.

 (2) When the enforcement agent refuses to perform an enforcement operation, they issue, without delay, a decision stating the reasons for the refusal in which they also explain the rules for appealing the decision. The agent serves the decision on the person concerned in accordance with the relevant rules of civil procedure.

 (3) Unless otherwise provided by law, the enforcement agent may not refuse to accept, from the court, a procedural document for service.

[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 8.  Obligations of enforcement agents

 (1) The enforcement agent is required to take, without delay, all measures permitted by law in order to enforce an enforceable title, to collect information required for enforcement proceedings and to explain, to the parties to enforcement proceedings, the rights and obligations of such parties.

 (2) The enforcement agent enforces monetary claims, except for a child’s claim for maintenance, in the order in which they were filed for enforcement.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

§ 9.  Recusal of enforcement agent and the requirements for witnesses

 (1) The enforcement agent may not conduct enforcement proceedings and must recuse themselves by a decision if they are:
 1) the debtor or the party seeking enforcement or their representative, except where the agent is collecting the costs of enforcement;
 2) a descendant or lineally ascending relative or a sister, half-sister, brother or half-brother of the debtor or of the party seeking enforcement or if they have been married to, or a registered partner of, a sister, half-sister, brother or half-brother of the debtor or of the party seeking enforcement;
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
 3) a step-parent or foster parent or a stepchild or foster child of the debtor or of the party seeking enforcement;
 4) an adoptive parent or adoptive child of the debtor or of the party seeking enforcement;
 5) the spouse or registered partner of the debtor or of the party seeking enforcement, a person permanently living together with the debtor or the party seeking enforcement, including after the marriage, registered partnership or permanent cohabitation has ended;
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
 6) directly or indirectly interested in the compulsory enforcement or if other circumstances apply which give reason to doubt their impartiality.

 (11) The enforcement agent must also recuse themselves if a person connected with the agent within the meaning of subsection 1 of § 117 of the Bankruptcy Act, an employee of the agent’s office or another enforcement agent with whom the agent keeps a shared office is a party to proceedings or a beneficiary of the enforcement operation. Delegating the enforcement operation to the agent’s assistant or to a stand-in agent does not constitute a justifying circumstance.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) In a situation mentioned in clause 6 of subsection 1 of this section, collection of the enforcement agent’s fee is not deemed to be a circumstance causing partiality.

 (3) On the grounds mentioned in subsections 1 and 11 of this section, a party to enforcement proceedings or their representative may file a substantiated application to recuse the enforcement agent. The application may be filed without delay after becoming aware of the circumstance which constitutes grounds for recusal.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (4) Where the enforcement agent has not self-recused following receipt of the application, the person who filed the application may file, with the court, within ten days following service of the decision by which the agent refuses to recuse themselves, a motion to recuse that agent.

 (5) When it receives a motion mentioned in subsection 4 of this section, the court hears the opinion of the enforcement agent and of the party to enforcement proceedings. The court disposes of the motion to recuse the agent by an order.

 (6) Where the enforcement agent is recused, the enforceable title is assigned to another enforcement agent on an application of the party seeking enforcement. If all enforcement agents serving the district have been recused, the enforceable title, on a motion of the party seeking enforcement, is assigned to be enforced by the enforcement agent who is closest to the residence or seat of the debtor. If the party seeking enforcement does not file a motion for assignment within five working days following service of the order, the court decides on the transfer of the case to another enforcement agent on a motion of the enforcement agent who has been recused.

 (7) Any witnesses who participate in enforcement proceedings are also subject to the provisions of clauses 1, 2, 5 and 6 of subsection 1 of this section. Acting as the enforcement agent or being employed in the enforcement agent’s office does not preclude a person from appearing as a witness.

§ 10.  Transmission of documents

 (1) The enforcement agent must serve, on the debtor, the enforcement notice and, on the parties to enforcement proceedings, a notice of any attachment of property, any auction report, any decisions the agent makes concerning any complaints filed against the agent’s actions as well as any other documents provided for by law. The debtor may, on receiving the enforcement notice, notify to the agent the method by which procedural documents are to be transmitted to them and the contact details of a location that, when documents are transmitted to it, allows them to be deemed to have been served by the agent. The agent may, when serving the enforcement notice or any other procedural document personally on the debtor, require the debtor to communicate to the agent contact details by means of which it is possible to serve documents on the debtor. If the debtor does not comply or if their contact details are inaccurate, the agent may also serve, by a method of their choosing, any documents which must be served on the debtor by a method provided by law.

[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) Unless otherwise provided for by this Code, the service of documents is subject to the provisions of civil procedure regarding service of procedural documents. The enforcement agent may also serve a document personally. Any operations that the rules of civil procedure require the court to perform in relation to the service of documents are performed by the enforcement agent. In a situation provided for by § 327 of the Code of Civil Procedure, the enforcement agent may deposit the document in the office of an enforcement agent which is situated in the locality where the document is to be served.

 (21) Within two months following reception of a procedural document for service, the enforcement agent is required to have performed all operations that are needed to serve the document.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (3) Where a party to proceedings has been represented in previous judicial proceedings by a representative, documents may be served on the representative.

 (4) A notice or any other document which does not have to be served on the parties to proceedings but which affects the rights of such parties is served on them by a method chosen by the enforcement agent.

 (5) Where a document mentioned in subsection 4 of this section is sent by post, the document is deemed to have been received three days after being posted and, where the document is sent to a foreign state, seven days after being posted, except where the recipient proves that they received the document later or have not received the document.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 11.  Powers of the court under the enforcement procedure; exclusive jurisdiction

 (1) Under this Code, the district court has the power to:
 1) impose a fine;
 2) order a person to be forcibly brought in, issue an arrest warrant or impose a short-term custodial sentence;
 3) authorise a search;
 4) consider an appeal against a decision of the enforcement agent;
 5) dispose of court claims made in relation to enforcement proceedings;
 6) appoint and release a compulsory administrator;
 7) make other dispositions where such are prescribed by this Code.

 (2) The matters mentioned in subsection 1 of this section are in the exclusive jurisdiction of the district court in whose judicial district the enforcement proceedings are conducted or should be conducted.

 (3) Instead of the judge, court orders provided for by this Code in cases concerning the imposition of fines and of compulsory administration may be made by an assistant judge.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 111.  Application of Regulation (EU) No 655/2014 of the European Parliament and of the Council

 (1) A European account preservation order made under Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt clawback in civil and commercial matters (OJ L 189, 27.06.2014, pp. 59–92) is enforceable in Estonia in enforcement proceedings and the provisions governing enforcement of orders on interim relief in Estonia apply to the debtor’s legal remedies insofar as has not been provided for otherwise by Regulation (EU) No 655/2014 of the European Parliament and of the Council.

 (2) The filing of a signed enforcement application within the meaning of § 23 of this Code is not required in order to commence enforcement proceedings on a European account preservation order made under Regulation (EU) No 655/2014 of the European Parliament and of the Council.

 (3) In order to attach a bank account, instead of an attachment notice the enforcement agent transmits to the credit institution Part A of the European account preservation order conforming to Article 19 of Regulation (EU) No 655/2014 of the European Parliament and of the Council as well as a European account preservation order preservation notice.

 (4) The Enforcement Register is not used when enforcing a European account preservation order.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

 (5) If, at the time of attachment, the debtor’s account does not have funds in the amount stated in the attachment notice, any amounts credited to the account after such time are not deemed to be attached to the extent that remained outstanding at the time of attachment.

 (6) Where a European account preservation order made under Regulation (EU) No 655/2014 of the European Parliament and of the Council protects a child’s claim for maintenance, subsection 4 of § 65 of this Code applies.

 (7) Having performed the preservation operations, the credit institution presents a declaration concerning the preservation of funds that is mentioned in Article 25 of Regulation (EU) No 655/2014 of the European Parliament and of the Council to the enforcement agent without delay.

 (8) An electronic version of the form to be used for the declaration under Article 25 of Regulation (EU) No 655/2014 of the European Parliament and of the Council is disseminated on the website of the Chamber of Enforcement Agents and Trustees in Bankruptcy.

 (9) Under paragraph 1 of Article 34 and paragraph 4 of Article 35 of Regulation (EU) No 655/2014 of the European Parliament and of the Council, competence to apply the remedy is vested in the enforcement agent.

 (10) Under paragraph 14 of Article 4 of Regulation (EU) No 655/2014 of the European Parliament and of the Council, the enforcement agent is competent to receive, transmit and serve documents under paragraphs 3, 5 and 6 of Article 23, paragraph 3 of Article 25, paragraph 2 of Article 27, paragraph 3 of Article 28 and the second subparagraph of paragraph 5 of Article 36.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]

Chapter 2 PREREQUISITES FOR ENFORCEMENT OF AN ENFORCEABLE TITLE  

§ 12.  Note certifying the entry into effect of an enforceable title

 (1) To be accepted for enforcement, the judicial disposition – or the decision of an employment tribunal or of a rent tribunal – that has entered into effect must bear a note certifying its entry into effect. A note certifying entry into effect is not issued regarding a disposition that is enforceable without delay.

[RT I, 11.04.2014, 1 – entry into force 01.10.2014]

 (2) A note certifying the entry into effect of the decision of an employment tribunal or of a rent tribunal is issued by the tribunal after the entry into effect of the decision.

[RT I, 11.04.2014, 1 – entry into force 01.10.2014]

 (21) A certificate concerning enforceability of the decision is annexed to the enforceable title mentioned in clause 22 of subsection 1 of § 2 of this Code by the Ministry of Justice.

[RT I 2006, 61, 457 – entry into force 01.01.2007]

 (22) A certificate concerning enforceability of the decision is annexed to the enforceable title mentioned in clause 23 of subsection 1 of § 2 of this Code by the Patent Office.

[RT I 2009, 4, 24 – entry into force 01.03.2009]

 (3) An enforceable title mentioned in subsections 1 and 2 of this section may be also accepted for enforcement without a note on its entry into effect and without presentation of the document in physical form, provided the entry into effect of the decision can be verified by another method which is technically secure. The Minister in charge of the policy sector may enact specific requirements for verification of the entry into effect of enforceable titles by another method.

 (4) The enforcement agent may terminate proceedings if it becomes evident that the enforceable title was accepted for enforcement in violation of the requirements of this section.

§ 13.  Enforcement proceedings regarding property of the spouse

 (1) [Repealed – RT I, 19.03.2019, 2 – entry into force 29.03.2019]

 (2) Where, due to its nature, an item of property is suitable for the personal use of one spouse, it is presumed that the item belongs to the spouse who should be using it because of its nature.

§ 14.  Levy on community property of spouses or registered partners

  [RT I, 06.07.2023, 6 – entry into force 01.01.2024]

 (1) A levy on the community property of spouses is permitted subject to the consent of the spouse who is not the debtor, or if the enforceable title requires both spouses to perform the obligation.

 (11) Where a levy on the community property of spouses is made in enforcement proceedings concerning the property of one spouse, the consent, in favour of the party seeking enforcement, of the spouse who is not the debtor is presumed. Such property may be attached and sold. The presumption of consent does not apply to items of immovable property and to the earnings of the spouse who is not the debtor, as well as to the funds in any account opened in the name of the spouse who is not the debtor. The spouse who is not the debtor is notified of the attachment of the property mentioned in this subsection and the possibility of filing an objection is explained to that spouse.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

 (2) The party seeking enforcement may demand division of community property and the making of a levy on the share of such property that belongs to the debtor.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

 (3) The provisions of this section also apply to levies on community property of registered partners.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

§ 15.  Levy on partnership property

  A levy on partnership property requires an enforceable title that is valid in respect of all partners.

§ 16.  Continuation of enforcement proceedings after the debtor’s death

 (1) Unless otherwise prescribed by law, enforcement proceedings initiated before the debtor’s death are continued against the debtor’s estate.

 (2) Where the enforcement operation must be performed in the presence of the debtor or if the debtor must be informed of the operation, the court, on a motion of the party seeking enforcement, appoints a temporary representative to the debtor’s heirs or beneficiaries – if the decedent’s estate has not yet been accepted, the heirs or beneficiaries are not known or it is not known whether they accept the estate. The appointment is forgone if the estate is administered by an administrator or by the executor of the testator’s will.

§ 17.  Enforcement proceedings before expiry of the time limit for renouncing an inheritance and before acceptance of the same

  Before expiry of the time limit for renouncing an inheritance or before acceptance of the same, enforcement proceedings based on a claim against the estate may be conducted only in respect of such an estate. In such a situation, the estate may not be subjected to a levy that is based on the personal obligations of the heir or beneficiary.

§ 18.  Accepting the enforceable title for enforcement on legal succession and on assignment of possession of the property

 (1) Where the enforceable title is also effective in respect of the legal successor of the party seeking enforcement or of the debtor named in the title, the enforcement agent accepts the title for enforcement if the legal succession has been proved to the agent by a judicial disposition, by an extract from a public register or by a notarially authenticated document. The same applies to the enforcement of a judicial disposition in respect of the possessor of a disputed item of property, where the possessor has changed after the rendering of the disposition.

 (11) The passing of the maintenance claim to the State is proved by the decision to grant a maintenance allowance according to subsection 1 of § 57 of the Family Allowances Act and by a statement of the operation of payment of the maintenance allowance during enforcement proceedings.
[RT I, 08.07.2016, 1 – entry into force 01.01.2017]

 (12) The legal successor of the party seeking enforcement may join the enforcement proceedings that have been initiated.
[RT I, 08.07.2016, 1 – entry into force 01.01.2017]

 (2) The provisions of subsection 1 of this section apply to the heir or beneficiary also where a judicial disposition that has been rendered in respect of a provisional heir or beneficiary or of the executor of the testator’s will applies to the heir or beneficiary.

 (3) Where the party seeking enforcement has not produced a document mentioned in subsection 1 of this section to prove the passing of rights, they may make a court claim against the debtor seeking recognition of the passing of the right or obligation arising from the enforceable title.

§ 19.  Beginning of enforcement proceedings where the claim is provisional or contingent

 (1) Where, in order to become due, the claim stated in the enforceable title requires expiry of a time limit or the fulfilment of a condition or the arrival of a due date, enforcement operations may only be commenced after such expiry, fulfilment or arrival.

 (2) Fulfilment of the condition must be proved to the enforcement agent by written documents.

§ 20.  Enforcement proceedings depending on the provision of security by the party seeking enforcement

  If enforcement proceedings require the provision of security by the party seeking enforcement, such proceedings may be commenced only if the provision of security is proved by a written document and a copy of the document has been served on the debtor or is served on the debtor together with the enforcement notice.

§ 21.  Simultaneous mutual performance

 (1) Where the enforcement of an enforceable title requires the simultaneous performance, to the debtor, of an obligation owed by the party seeking enforcement, the enforcement agent does not commence enforcement proceedings before the obligation owed by such a party has been performed or before the party, or the agent, has offered to perform the obligation to the debtor, and the debtor has, without justification, refused to accept such performance or has delayed acceptance for other reasons.

 (2) An offer mentioned in subsection 1 of this section is not required if the party seeking enforcement presents a written document showing that the obligation owed by the party seeking enforcement has been performed or that the debtor delays acceptance of such performance, and a copy of the document has been transmitted to the debtor or is transmitted to the debtor together with the enforcement notice.

§ 22.  Issue to the party seeking enforcement of a document required for enforcement

  Where, for purposes of compulsory enforcement, the party seeking enforcement needs a certificate of succession or another document, such a party may require the document to be issued by a notary or an administrative authority in the stead of the debtor. When requiring the issue of the document, the party seeking enforcement must present the enforceable title.

Chapter 3 GENERAL FRAMEWORK FOR ENFORCEMENT PROCEEDINGS  

Subchapter 1 Commencement of Enforcement Proceedings  

§ 23.  Presenting the enforcement application and the enforceable title

 (1) The enforcement agent conducts enforcement proceedings based on an application of the party seeking enforcement (hereinafter, ‘enforcement application’) and an enforceable title. Where the enforceable title is a decision concerning payment of the enforcement agents’ fee or a decision ordering payment of the costs of enforcement, and in other situations provided for by law, the enforcement agent conducts enforcement proceedings regardless of whether an application has been filed by the party seeking enforcement.

 (2) The enforcement application is presented to the enforcement agent in writing and states:
 1) the name of the agent;
 2) for the party seeking enforcement as well as for the debtor – their name, personal identification code or date of birth, residence and their telecommunications number; where the party or the debtor is a legal person, such a person’s registry code or, if the person does not have a registry code, a reference to the person’s legal basis, its seat and telecommunications number;
 3) if, when the application is made, the party seeking enforcement is represented by a representative, the name of the representative and the legal basis for the representation;
 4) if possible, information on the debtor’s property.

 (3) If the party seeking enforcement wishes to levy on an item of immovable property, the application, where this is possible, must state also the particulars of the item on which the levy is to be made. Where several items are indicated, the party seeking enforcement names the item on which they wish the levy to be made.

 (4) The enforceable title is annexed to the enforcement application. Such a title is presented as an original document, or as a notarially certified copy or as a copy certified under rules providing for equivalent certification. A judgment may be presented as a copy certified by the court’s office. The enforceable title is submitted as an original document in the Estonian or English language or as an official or certified translation into Estonian or English. An enforceable title issued by a proceedings authority in a misdemeanour case is annexed as a copy certified by that authority.
[RT I, 04.07.2017, 4 – entry into force 01.06.2023 – the fourth sentence enters into force simultaneously with entry into effect of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia (announcements of the Ministry of Foreign Affairs – RT II, 04.03.2023, 3 and RT II, 04.03.2023, 4)]

 (41) With respect to the enforceable titles mentioned in clauses 19 and 191 of subsection 1 of § 2 of this Code, a pledge contract, a security agreement, the basis for the principal and for any ancillary claims and a detailed calculation of such claims must be presented to the enforcement agent.

[RT I, 06.12.2010, 1 – entry into force 05.04.2011]

 (42) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (43) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (44) Where the apartment association wishes a levy to be made on certain apartment ownership rights, in addition to the enforceable title, the management plan of the apartment association and documentation with the following information must be appended to the application for enforcement:
 1) the amount of the claim arising from the apartment ownership rights in question which has become due up to three months prior to the making of the application, and information which allows to verify that the claim is justified;
 2) the basis for further calculation of the management costs.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (45) Where the enforceable title contains claims – including a child’s claims for periodic maintenance (hereinafter, ‘child’s claim for periodic maintenance payments’) – whose due date is in the future, the party seeking enforcement states whether they wish such claims to be included in the enforcement proceedings. Where the party seeking enforcement has presented, for enforcement, a claim that will become due in the future, they undertake to notify the enforcement agent without delay if such a claim is performed by the debtor directly to them.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (5) Where the enforcement application has been filed by a representative on behalf of the party seeking enforcement and the enforcement agent cannot verify the existence of the authority of representation without delay, a document certifying such authority must be annexed to the application.

 (6) The enforcement application and the enforceable title may be filed electronically. The application must bear the digital signature of the sender or be transmitted otherwise by a technically secure method. The Minister in charge of the policy sector may enact technical requirements for the electronic filing of enforcement applications and of enforceable titles.

 (7) In order to commence compulsory enforcement, a person exercising public authority may file the application for enforcement, and the enforceable title, also through the database mentioned in § 632 of this Code.
[RT I, 09.04.2021, 1 – entry into force 01.01.2023]

§ 231.  Distribution of the claims held by a person exercising public authority

  [Repealed – RT I, 09.04.2021, 1 – entry into force 01.01.2023]

§ 232.  Continuation of enforcement proceedings commenced by the Tax and Customs Board

 (1) The enforcement agent continues the compulsory enforcement commenced by the tax administration on an application of that administration.

 (2) Where compulsory enforcement is continued by the enforcement agent, the requirements provided by §§ 24 and 25 of this Code do not apply and any restraining notes or attachments imposed by the tax administration remain effective.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

§ 24.  Service of enforcement notice on the debtor

 (1) If the conditions for commencement of enforcement proceedings have been met, the enforcement agent serves an enforcement notice on the debtor. The form of the notice is enacted by the Minister in charge of the policy sector.

 (2) When the enforcement notice is served on the debtor, enforcement proceedings are deemed to have commenced. For the purposes of calculating compliance with and suspension of the time limit and with respect to the enforcement costs incurred, enforcement proceedings are deemed to have started when the application of the party seeking enforcement reached the enforcement agent, provided the enforcement notice is served on the debtor.

 (3) The enforcement notice states:
 1) the name of both the party seeking enforcement and the debtor;
 2) the marking of the enforceable title;
 3) a proposal for voluntary compliance with the enforceable title and the time limit for such compliance;
 4) a warning that, should the debtor not comply with the enforceable title on a voluntary basis, enforcement operations may be carried out in their respect;
 5) a reference to the debtor’s right to an appointment with the enforcement agent concerning the enforceable title;
 6) a reference to the debtor’s right to make a court claim for compulsory enforcement to be declared impermissible according to the rules prescribed by this Code and within the time limit for making such a court claim;
 7) a reference to the debtor’s right to pay only one half of the enforcement agent’s principal fee provided for by law, and the fee for commencement of enforcement proceedings, provided the debtor complies with the enforceable title within the time limit set for voluntary compliance or, before expiry of such a time limit, agrees a payment schedule with the party seeking enforcement and provides satisfaction to the claim according to such a schedule until the claim has been paid in full.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (4) Where the enforcement notice is served as a paper document, it may be served without enclosing a copy of the enforceable title. Where a notice is served without enclosing the enforceable title, it provides an explanation of the method by which the debtor can acquaint themselves with the title. If the debtor wishes to acquaint themselves with the title, the enforcement agent transmits the title to the debtor by a method notified by the debtor.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (5) The enforcement notice that is to be served by public notice is deemed to have been served on the debtor when ten days have elapsed following its appearance in the publication Ametlikud Teadaanded. The particulars to appear in that publication are determined by a regulation of the Minister in charge of the policy sector.

[RT I 2006, 55, 412 – entry into force 01.01.2007]

§ 25.  Time limit for voluntary compliance with the enforceable title

 (1) Where no time limit has been set for voluntary compliance with the enforceable title by law or judicial disposition, the time limit is determined by the enforcement agent. Unless otherwise prescribed by this Code, the time limit may not be less than 30 days. With the consent of the party seeking enforcement, the enforcement agent may set a time limit for voluntary compliance with the enforceable title which is longer than 30 days.
[RT I, 05.03.2015, 2 – entry into force 01.01.2017]

 (11) In the case of a child’s claim for periodic maintenance payments, the time limit for voluntary compliance may not be longer than ten days.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (12) Where the enforceable title that regulates access to the child is a judicial disposition and the court has not specified a time limit for voluntary compliance, or where the enforceable title that regulates such access is a conciliation agreement, the time limit for voluntary compliance is set by the enforcement agent. The time limit may not be shorter than ten or longer than thirty days. When setting the time limit, the enforcement agent has regard to the scheduled time for the first access operation that has been provided for by the access arrangement.
[RT I, 10.12.2021, 1 – entry into force 01.09.2022]

 (2) Where the enforceable title is complied with before expiry of the time limit for voluntary compliance, the debtor may only be charged one half of the enforcement agent’s principal fee provided for by law, and the fee for commencement of enforcement proceedings.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

Subchapter 2 Rights of Enforcement Agents  

§ 26.  Right to require the provision of information

 (1) The enforcement agent may require the debtor to provide any oral or written information required for enforcement proceedings and to present any document or other object necessary for enforcement proceedings. The enforcement agent may, in enforcement proceedings, require a person to present an identity document, and the person is under a duty to present such a document to the agent.

 (11) The enforcement agent must ascertain why a child maintenance debtor does not comply with the obligation to maintain the child, what their earnings are as well as how they intend to satisfy the child’s periodic claim for maintenance payments and to pay off the amounts that are overdue. For this purpose, the agent questions the debtor at least every two months from the last collection of maintenance payments or, where the collection was unsuccessful, from their last contact with the debtor. Priority must be given to questioning the debtor at first hand. The debtor's answers are recorded in the enforcement file.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (2) The enforcement agent has the authority to approach a third party in order to receive oral or written information necessary for enforcement proceedings, including, where there is reason to believe that the third party holds such information, the authority to require them to provide information concerning the residence or seat and contact particulars of the debtor. The enforcement agent may require the debtor’s employer and any other person who owes an obligation to the debtor to provide any information that is needed for enforcement proceedings and that concerns the debtor’s claim for payment or any other benefits the debtor is receiving. Such a third party is under a duty to provide the information except where they are authorised by law to refuse to disclose it.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (3) The enforcement agent may require a credit institution to provide a statement of the debtor’s account and the particulars of any deposits held by the debtor and of the use of any other services the institution is providing to the debtor, as well as a right to require the Central Securities Depository to provide information concerning the debtor’s securities accounts. The provision of a statement of the debtor’s account may be required concerning a period which begins six months before the start of enforcement proceedings and lasts until the end of such proceedings. The provision of a statement of the debtor’s account may only be required for a period comprising six consecutive months immediately preceding the inquiry. A statement of the debtor’s account is provided to the agent free of charge.
[RT I, 30.12.2017, 2 – entry into force 01.07.2018]

 (31) Where a monetary claim or the total amount of the claims arising from an enforceable title that is being enforced against the debtor exceeds the minimum monthly salary, the enforcement agent may, on the basis of a court order, in order to ascertain a circumstance necessary for performing an obligation established by law, require a credit institution to provide a statement of a third party’s account. The agent informs the third party without delay of having made the corresponding application. In the application to the court, the enforcement agent substantiates the need for an account statement, lists the particulars that need to be shown in the statement applied for and states the period to be covered by the statement, which must not be longer than the enforcement proceedings and which may commence six months before the commencement of enforcement proceedings. The court considers the agent’s application in action-by-petition proceedings. A statement of the third party’s account is issued to the agent free of charge.
[RT I, 30.12.2017, 2 – entry into force 01.07.2018]

 (4) Under an enforceable title presented for enforcement, the enforcement agent may require the data controller of a database of a State or municipal authority to provide information concerning the debtor’s residence, employer, sources of income, dependants, any property that belongs to the debtor and any obligations which encumber such property as well as concerning any of the debtor’s rights, authorisations and documents that are mentioned in § 1772 of this Code. Under an enforceable title presented for enforcement, the enforcement agent may require information to be provided concerning the debtor’s personal particulars that are on record in the Population Register. The data controller is under a duty to provide such information without delay in writing or electronically.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 261.  Imposition of a non-compliance levy

 (1) The enforcement agent makes a decision ordering performance of the duty and issues a warning concerning the imposition of a non-compliance levy:
 1) in a situation where the duty provided for by § 26 of this Act has not been performed, to the person who was required to provide the information;
 2) to a third party who owes an obligation to the debtor, if such a party refuses, without justification, to comply with the attachment notice or does not comply with the notice as required.

 (2) The written warning mentioned in subsection 1 of this section includes:
 1) the given name and surname and address of the addressee or the name and postal address of the legal person;
 2) the decision that the person or party is required to comply with;
 3) the date marking the time for voluntary compliance;
 4) if the decision contains an obligation to refrain from a certain act, the date does not need to be stated;
 5) the amount of the non-compliance levy that will be imposed on failure to comply with the decision;
 6) the name of the enforcement agent who issued the warning;
 7) the date on which the warning was issued.

 (3) The time for voluntary compliance with the decision set in a warning must be such as to make it possible for the addressee to perform the obligation.

 (4) The warning concerning imposition of a non-compliance levy states such a levy as a specific amount. Where the levy is to be imposed for the first time, its amount is not less than 192 euros or more than 767 euros and, where a repeat levy is imposed, its amount does not exceed 1917 euros.

 (5) The enforcement agent may impose a non-compliance levy on a natural person, on a private legal person or on a public legal person. No such levy is imposed on an authority or institution of the State or of a municipality.

 (6) A non-compliance levy is collected into the State budget.

 (7) The imposition of a non-compliance levy is permissible provided a valid decision has been communicated to the addressee, and the decision has not been complied with within the time limit set in the warning. The decision and the warning are served on the obligated party according to the rules provided by § 10 of this Code.

 (8) On a reasoned application of the addressee of the non-compliance levy, the enforcement agent who made the corresponding decision may defer the imposition of the levy and issue a new warning in which a new time limit is set for compliance with the decision. The time limit must not be longer than two months.

 (9) The enforcement agent may impose the non-compliance levy on a person repeatedly, until the obligation is performed or an appeal is filed against the decision made concerning imposition of the levy.

 (10) No non-compliance levy is imposed when:
 1) the grounds for the imposition of such a levy provided for by subsection 7 of this section have ceased to apply;
 2) the legal rule which was the basis for the decision has been repealed;
 3) the imposition of the levy has been deferred.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

§ 27.  Obstruction of enforcement

 (1) Where enforcement is obstructed or there is reason to presume it will be obstructed, the enforcement agent may apply for enlisting the assistance of a police officer in the enforcement operation.

 (2) The enforcement agent may remove from the scene of the enforcement operation any person who obstructs enforcement.

§ 28.  Search of premises, of plots of land and of the debtor’s person

 (1) With the debtor’s consent, the enforcement agent may enter premises that are in the debtor’s possession or enter upon a plot of land that is in the debtor’s possession and, where this is needed for the execution of the enforceable title, may search the premises or plot. In such a situation, the agent has the authority to open any closed house or apartment doors and storage spaces, or have such doors or spaces opened.

 (11) The enforcement agent conducts a search of any premises or plots of land that are in the possession of the child maintenance debtor at least following every year that elapses after the last collection of maintenance payments or, where such collection was unsuccessful, after the last search of such premises and plots. The search may be conducted strictly if the claim whose enforcement is sought is a child’s claim for periodic maintenance payments.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (2) Without the debtor’s consent, entry to any premises or upon any plot of land in their possession, or a search of such premises or of such a plot, may only be made on the basis of a court order.

 (21) The court order mentioned in subsection 2 of this section may be made without the debtor having previously prohibited the enforcement agent from entering any premises or upon any plots of land in the debtor’s possession, or from searching such premises or plots.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (3) A search of any premises or plots of land that complies with the requirements provided for by subsections 1 and 2 of this section must be acquiesced in by any person who has possession in common or direct possession of such premises or plots.

 (4) Before the beginning of the search, the enforcement agent must present the relevant court order and provide the debtor with a copy of the order.

 (5) The debtor’s person may be searched only on the basis of a court order. A person may only be searched by the enforcement agent who is, and in the presence of witnesses who are, of the same sex as the person searched. If the enforcement agent is not of the same sex with the person to be searched, the agent may, in order to perform the search, have recourse to assistance by a police officer who is of the same sex with the person to be searched.

 (6) The court makes the order mentioned in this section not later than on the working day following reception of the enforcement agent’s application.

§ 29.  Enlisting a witness to observe the enforcement operation

  Where enforcement is obstructed or there is reason to presume that it will be obstructed or if the debtor, a representative of the debtor, a full-age member of the debtor’s family or a person who is in the service of the family is not present at the enforcement operation performed on the premises or on a plot of land of the debtor, the enforcement agent enlists two full-age witnesses, a representative of the municipality or a police officer to observe the operation.

§ 30.  Enforcement on a holiday and during night hours

  Enforcement operations on a holiday, a national holiday and during night hours from 10pm to 6am are performed only in a situation of urgency.

§ 31.  Enforcement of a monetary claim in prison

 (1) Each month, the prison transfers the amount to be garnished from a prisoner’s remuneration for work, or from any other amounts the prisoner receives, to the official bank account of the enforcement agent who sent in the monetary claim for enforcement. The amount to be garnished is calculated according to § 44 of the Imprisonment Act.

 (2) In order to distribute the amounts garnished from the prisoner, the enforcement agent records the corresponding calculation and transfers the money to the party seeking enforcement.

§ 32.  Proving the enforcement agent’s rights

  By the enforceable title, the enforcement agent proves, to the debtor and to any third parties, the agent’s authority to carry out enforcement operations, including the authority to accept payments and the performance of any other obligations. The party seeking enforcement cannot rely, in respect of the debtor or of any third parties, on the circumstance that the agent does not have the authority to carry out the enforcement operation.

§ 321.  Adjustment

 (1) Where this is needed, the enforcement agent adjusts a measure or order on the basis of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, pp. 1–32) or adjusts factual elements on the basis of Regulation (EU) No 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters (OJ L 181, 29.06.2013, pp. 4–12).

 (2) The enforcement agent provides written notification to the creditor and to the debtor of the adjustment of a measure or order on the basis of Regulation (EU) No 1215/2012 of the European Parliament and of the Council and of the adjustment of factual elements on the basis of Regulation (EU) No 606/2013 of the European Parliament and of the Council.

[RT I, 31.12.2014, 1 – entry into force 10.01.2015]

Subchapter 3 Documentation of Enforcement Operations and Reception of Funds  

§ 33.  Enforcement file

  [RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (1) [Repealed – RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (2) For each enforcement case, an electronic enforcement file is opened which states, in chronological order, any enforcement operations performed and any notices transmitted in the case. Any documents received, or issued, by the enforcement agent in the case are recorded in the file.
[RT I, 30.12.2017, 2 – entry into force 01.01.2019]

 (3) The enforcement agent records, in the enforcement file, any original document transmitted to them on paper and returns it to the sender on a corresponding request.
[RT I, 30.12.2017, 2 – entry into force 01.01.2019]

 (4) If an enforceable title contains several monetary claims, a single enforcement file is opened regarding such claims and the claims are added together, unless the party seeking enforcement applies for the opening of several enforcement files.

 (5) Where an enforceable title imposes a fine or pecuniary penalty or forfeiture of property on the debtor for a misdemeanour and the court has ordered its execution in instalments, a separate enforcement file is opened regarding the corresponding claims when the first instalment has become due.

 (6) The enforcement agent registers and records enforceable titles and enforcement operations electronically according to the rules enacted by a regulation of the Minister in charge of the policy sector.

§ 34.  Particulars of enforcement operation to be recorded in the enforcement file

 (1) The enforcement agent records the following particulars in the enforcement file regarding each enforcement operation:
 1) the time and place of performance of the operation;
 2) a short description of the substance of the operation;
 3) the names of persons who were present at the operation;
 4) the signatures of persons who were present at the operation and a note that the relevant entry was signed after it had been read to the person signing it or after the person had acquainted themselves with it and agreed with it;
 5) the signature of the enforcement agent.

 (2) Where a person who is present at the enforcement operation cannot or is unwilling to sign an entry, the reason for waiving the signature must be stated in the file.

 (3) Where the enforcement agent has created a record concerning the enforcement operation and the record’s form meets the requirements provided by the relevant regulation of the Minister in charge of the policy sector, the particulars contained in the record do not need to be stated in the enforcement file.

§ 35.  Access to enforcement file

 (1) If a party to enforcement proceedings does not have electronic access to the enforcement file, they have a right to acquaint themselves with the court file at the enforcement agent’s office and to obtain printouts and certificates from the enforcement file.

 (2) The fees to be charged for printouts and certificates are provided for by the Enforcement Agents Act.
[RT I, 30.12.2017, 2 – entry into force 01.01.2019]

§ 36.  Receipt

 (1) Where the debtor has performed their obligation in part or in full and requires to be provided with a receipt concerning the performance, the enforcement agent issues such a receipt to the debtor.

 (2) The provisions of subsection 1 of this section do not preclude or restrict the debtor’s right to require a receipt from the party seeking enforcement concerning the performance.

 (3) The enforcement agent transfers any cash received under a receipt to their official bank account not later than on the working day following its reception.

Subchapter 4 Enforcement Costs and the Paying Out of Funds to the Party Seeking Enforcement  

§ 37.  Enforcement costs

 (1) Enforcement costs are the enforcement agent’s fee, the cost of service, on the debtor, of the enforcement notice and of any documents enclosed with the notice as well as expenditures which are necessary for enforcement proceedings and which have been incurred by the enforcement agent and the party seeking enforcement, or a third party, after the commencement of enforcement proceedings, including:
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]
 1) fees and statutory fees for inquiries made in order to ascertain personal particulars and the particulars of items of property;
 2) the costs of transmission of documents related to enforcement proceedings;
 3) the costs of transporting and preserving attached property and of arrangements to ensure its security, including costs of removing and preserving a vehicle or other property registered in the Motor Register that has been handed over to the enforcement agent under a note requiring such handing over, as well as any other costs related to the preservation of property;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 4) the costs related to opening, closing, removal, demolition and cleaning of rooms or other objects;
 5) travel and accommodation expenses related to enforcement operations;
 6) the costs of forcibly bringing the debtor in;
 7) the costs of arranging an auction, including costs related to payment of the purchase price. The cost of legal advice used by the enforcement agent or the party seeking enforcement in order to resolve legal issues that have arisen in relation to commencement of enforcement proceedings or in the course of such proceedings are not deemed to be necessary expenses. The costs of maintaining the enforcement agent’s office are not deemed to be necessary expenses either.

 (2) Compensation for costs of proceedings before the court is decided by the court in accordance with the relevant rules of civil procedure.

 (3) The grounds and the rules for calculation of enforcement costs and the extent and upper limit of compensation for such costs are enacted by a regulation of the Minister in charge of the policy sector.

§ 38.  Collection of enforcement costs from the debtor

 (1) Enforcement costs are borne by the debtor.

 (2) Enforcement costs are collected from the debtor under the decision on enforcement costs by the enforcement agent who made the decision, except in a situation provided for by subsection 3 of § 471 of this Code.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (3) Where, according to the enforceable title, there are several debtors who are jointly and severally liable for the debt, they are jointly and severally liable for the payment of enforcement costs.

§ 381.  Collecting the fee paid by the State for collecting an underage child’s maintenance

 (1) The fee paid by the State to the enforcement agent for collecting an underage child’s maintenance is collected from the debtor under the decision mentioned in subsection 11 of § 31 of the Enforcement Agents Act as part of proceedings in the same enforcement case.

 (2) Where, among other claims, collection of the maintenance allowance paid by the State is sought in the enforcement proceedings pending against the debtor, the allowance is collected before collection of the fee paid for collecting the underage child’s maintenance.

 (3) The fee mentioned in subsection 1 if this section falls due when enforcement proceedings on the underage child’s claim for monthly maintenance payments are terminated.

 (4) Accounts concerning the fee mentioned in subsection 1 of this section are kept and the rights of the party seeking enforcement are exercised by the Tax and Customs Board.

 (5) The obligation to reimburse the fee paid by the State to the enforcement agent for collecting the underage child’s maintenance does not pass on by way of inheritance.

 (6) The fee that was paid by the State to the enforcement agent for collecting the underage child’s maintenance and that is collected from the debtor is transferred to the State budget.
[RT I, 09.04.2021, 1 – entry into force 01.01.2023]

§ 39.  Proof of enforcement costs

  Where this is required by the debtor or the party seeking enforcement, the enforcement agent must produce items of documentary evidence concerning enforcement costs.

§ 40.  Advance payment of enforcement costs

 (1) By a corresponding decision, the enforcement agent may require the party seeking enforcement to pay particularly high enforcement costs, such as costs related to the transport and storage of goods, as well as of arrangements to ensure the security of the same, and any other similar costs, in advance to the agent’s official bank account by the due date set by the agent.

 (2) An advance payment towards enforcement costs is not charged from a natural person filing:
 1) for enforcement a judicial disposition in relation to the rendering of which they have received financial aid to pay the costs of the case;
 2) for enforcement a judgment rendered in criminal proceedings which grants a claim for compensation for harm caused by a criminal offence;
 3) an enforceable title for the enforcement of maintenance;
 4) for enforcement a judicial disposition that awards them compensation for loss of capacity for work resulting from harm caused to their health.
[RT I, 22.12.2020, 34 – entry into force 01.01.2021]

 (3) If the party seeking enforcement states that they do not agree to the advance payment of enforcement costs, or if the advance payment has not been credited to the current account by the specified due date and this complicates enforcement proceedings, the enforcement agent may decide not to perform the enforcement operation. The agent, without delay, informs the party seeking enforcement of having decided not to perform the enforcement operation.

 (4) If the enforcement agent has commenced enforcement proceedings and has set a later due date for advance payment of enforcement costs, the agent may suspend enforcement proceedings if the advance payment of enforcement costs is not made by the prescribed due date. The agent informs the party seeking enforcement without delay of having suspended the proceedings.

 (5) A party seeking enforcement may be required to pay the enforcement agent’s fee in advance to the extent and according to the rules prescribed by the Enforcement Agents Act.

§ 41.  Return of advance payment of enforcement costs

 (1) When enforcement costs have been collected from the debtor in full, the enforcement agent returns any advance payment of enforcement costs to the party seeking enforcement.

 (2) [Repealed – RT I, 22.03.2021, 1 – entry into force 01.04.2021]

§ 42.  Repayment of enforcement costs when the enforceable title is set aside

  Where an enforceable title under which compulsory enforcement was conducted is set aside, the debtor has a right to require the party seeking enforcement to return any enforcement costs the debtor has paid. In such a case, the judicial disposition, or disposition of an out-of-court proceedings authority, that sets aside the original enforceable title serves as the new enforceable title together with the decision of the enforcement agent concerning such costs.

§ 43.  Payment to the party seeking enforcement from the enforcement agent's official bank account

 (1) Any money that is paid into the enforcement agent’s official bank account as a result of compulsory enforcement against the debtor’s property is transferred by the agent to the party seeking enforcement within ten working days following the money being credited to the account. Where the amount that has been credited to the account exceeds what is required to satisfy the claim of the party seeking enforcement and to cover enforcement costs, the agent returns the excess to the debtor within five days following the amount being credited to the account.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (11) Any amounts that are credited to the enforcement agent’s official bank account as a result of attachment of the debtor’s bank account is transferred by the agent to the party seeking enforcement according to the rules provided by subsection 1 of this section but not earlier than three working days following service of the attachment notice on the debtor. Any amounts that are credited after the attachment notice has been served on the debtor are transferred by the agent to the party seeking enforcement according to the rules provided by subsection 1 of this section but not earlier than three working days following the money being credited.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) Any sums that are to be released to the party seeking enforcement or to the debtor are transferred from the enforcement agent’s official bank account to the person’s current account. If the person does not have a current account, money may be paid to such a person on the basis of a receipt issued in their name or by post. In order to transfer money by post, the agent issues a written order to which they append a list of recipients, which also states the addresses of the persons and the amounts to be transferred.

 (3) Unless otherwise provided by law, any amount that has not been accepted by the party seeking enforcement is kept in the official bank account for five years following such an amount being credited to the account. When five years have passed, the amount is repaid to the debtor or, if repayment is impossible, transferred to the State budget.

Subchapter 5 Postponing the Enforcement Operation, Suspending and Terminating Enforcement Proceedings  

§ 44.  Postponing the enforcement operation

  The enforcement agent may postpone the enforcement operation on an application of the party seeking enforcement or on a corresponding judicial disposition or when the person to conduct the enforcement proceedings is replaced by another.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

§ 45.  Suspending, extending and deferral of enforcement proceedings under a court order

  On a motion of the debtor, the court may suspend enforcement proceedings or extend or defer enforcement if continuation of the proceedings is unfair in respect of the debtor. In such a situation, the interests of the party seeking enforcement and other circumstances must be taken into account, including the family and financial situation of the debtor.

§ 46.  Suspending enforcement proceedings by decision of the enforcement agent

 (1) The enforcement agent suspends enforcement proceedings:
 1) on an application of the party seeking enforcement;
 2) on presentation of a judicial disposition if, according to the disposition, the enforcement proceedings or the enforcement operation must be suspended;
 3) on presentation of a judicial disposition if, according to the disposition, the enforcement operation may be performed or the enforcement proceedings may be continued only subject to the provision of security;
 4) on presentation of a written certificate if it is evident from such a certificate that the due date of the claim filed for enforcement has been postponed;
 5) when the debtor’s active legal capacity is restricted, until a guardian is appointed to them;
 6) on the death of the spouse, registered partner or of a lineally ascending relative or descendant or sister or brother of the debtor – based on a corresponding application, for a period of 30 days from the date of death;
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
 7) where, in respect of an item of immovable property which is the subject matter of enforcement proceedings, a right that is recorded in the Land Register is in evidence, provided such a right precludes, or constitutes an impediment for, the sale of such an item;
 71) on presentation of a document, where it is evident from the document that the effect of recognition of a judicial disposition or official document of a foreign state that constitutes the enforceable title is suspended in its country of origin;

[RT I, 31.12.2014, 1 – entry into force 10.01.2015]
 8) on another ground provided by law.

 (2) The enforcement agent may suspend enforcement proceedings:
 1) when a complaint is filed against the actions of the agent;
 2) when the debtor develops a serious illness or is receiving in-patient health services;
 3) when the debtor is in compulsory military service, alternative service or reserve service;

[RT I, 10.07.2012, 2 – entry into force 01.04.2013]
 4) on another ground provided by law.

§ 47.  Consequences of suspending enforcement proceedings and resumption of enforcement proceedings

 (1) When enforcement proceedings are suspended, the enforcement operations that have been performed retain their effect.

 (11) The enforcement agent issues a decision on suspension or resumption of enforcement proceedings at the latest on the third working day after learning of a circumstance which constitutes grounds for suspension or resumption of proceedings.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (12) When enforcement proceedings are suspended, the enforcement agent sends the decision on suspension of enforcement proceedings without delay to a third party who is executing the agent’s attachment notice concerning the debtor’s property. The enforcement of any claim under the attachment notice is stayed for the time during which enforcement proceedings remain suspended. Any notes restraining disposal of the debtor’s property remain effective.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018 – the number of subsection 1¹ was changed to 1²]

 (2) Enforcement proceedings are resumed after the circumstance that caused the suspension ceases to apply. When enforcement proceedings are resumed, the enforcement agent transmits a corresponding note to any third party who owes an obligation to the debtor; such a note constitutes the basis for continuing the execution of the attachment notice.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (3) Where circumstances change, the court may set aside or vary the order suspending enforcement proceedings.

§ 471.  Transfer of enforcement proceedings

 (1) The party seeking enforcement has a right to transfer proceedings in the enforcement case to another enforcement agent who serves the same district and has agreed to continue proceedings in the enforcement case. The enforcement agent who conducted proceedings in the case may charge the party seeking enforcement the enforcement agent’s fee to the extent provided for by subsection 2 of § 41 of the Enforcement Agents Act and the enforcement agent to whom the case is assigned has a right to require the party seeking enforcement to make an advance payment towards the enforcement agent’s fee as provided for by § 35 of the Enforcement Agents Act. Where the enforcement case is transferred to another enforcement agent, any enforcement operations that have been performed in the case retain their effect.

 (2) Where the enforcement agent has conducted proceedings concerning a claim for at least three years, the party seeking enforcement has a right to transfer proceedings in the enforcement case to another enforcement agent who serves the same district and has agreed to continue proceedings in the case. In such a situation, the enforcement agent who conducted proceedings in the case may charge the party seeking enforcement the fee for commencement of proceedings as well as any enforcement costs that have fallen due, and the agent taking up the case may require the party seeking enforcement to make an advance payment towards the agent’s fee as provided for by § 35 of the Enforcement Agents Act. The agent taking up the case may not charge the fee for commencement of proceedings. Where the enforcement case is transferred to another enforcement agent, any enforcement operations that have been performed in the case retain their effect.

 (3) The enforcement agent who takes up the enforcement case collects, from the debtor, the fee for commencement of enforcement proceedings and the costs of enforcement as mentioned in subsection 2 of this section and transfers these to the agent who conducted proceedings in the case previously.

 (4) The enforcement agent who takes up the enforcement case notifies the debtor of stepping in as the proceedings authority in the case.

 (5) The transfer of enforcement proceedings must take place not later than three months after receiving the enforcement agent’s consent to continue proceedings in the enforcement case.

 (6) Any monies that are credited to the official bank account of the enforcement agent who previously conducted proceedings in the enforcement case are transferred without delay to the official bank account of the agent who is continuing those proceedings.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

§ 48.  Grounds for termination of enforcement proceedings

 (1) The enforcement agent terminates enforcement proceedings:
 1) on a corresponding application of the party seeking enforcement;
 2) on presentation of a written document, where such a document shows that the claim of the party seeking enforcement has been satisfied;
 3) when a sum of money required to satisfy the claim has been paid to the enforcement agent or when the operation stated in the enforceable title has been performed;
 4) on presentation of a judicial disposition which sets aside the enforceable title accepted for enforcement or revokes the obligation to enforce such a title without delay, or which declares compulsory enforcement to be impermissible, or orders termination of compulsory enforcement in the case;
 5) on presentation of a written document, where such a document shows provision of a security required to avoid enforcement;
 6) on the death or dissolution of the party seeking enforcement or of the debtor, provided the claim or obligation cannot pass to the heirs or beneficiaries or legal successors of the decedent;
 7) where commencement of enforcement proceedings was unjustified due to failure to comply with the conditions of enforcement procedure;
 71) on presentation of a document, where such a document shows that the effect of the judicial disposition or official document of a foreign state that serves as the enforceable title has been revoked in the state of origin;

[RT I, 31.12.2014, 1 – entry into force 10.01.2015]
 72) where a European account preservation order made under Regulation (EU) No 655/2014 of the European Parliament and of the Council is being enforced – if there are no funds in the bank account at the time it is preserved, or the funds have been frozen in their entirety, except where the funds in the account were frozen in their entirety at the time the account was preserved and the order protects a child’s claim for maintenance;
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]
 8) on other grounds provided by law.

 (2) Where the party seeking enforcement is in direct possession of an item of the debtor’s movable property on which the party has a security right that secures their claim, the enforcement agent, on an application of the debtor, terminates enforcement proceedings regarding the rest of the debtor’s property provided the amount of the claim is covered by such an item. If the party seeking enforcement also holds, regarding the item in question, such a right under another claim, the application is granted only if the other claim is also covered by the value of the item.

§ 481.  Terminating enforcement proceedings due to expiry of the limitation period for enforcing a claim that has been recognised by a judicial disposition that has entered into effect or that is inherent in another enforceable title

 (1) The enforcement agent terminates enforcement proceedings on due to expiry of the limitation period for enforcement if:
 1) the debtor has presented an application to the agent for terminating the proceedings on account of expiry of the limitation period;
 2) the period provided for by § 157 of the Act on the General Part of the Civil Code has elapsed since the claim inherent in a judicial disposition that has entered into effect or that is inherent in another enforceable title was first presented for enforcement and
 3) the party seeking enforcement does not oppose termination of the proceedings.

 (2) When the debtor presents the application, they must pay a fee, in the amount provided by subsection 1 of § 411 of the Enforcement Agents Act, for the application to be considered. Where the application seeks the termination of proceedings in several enforcement cases, the fee for consideration is paid for each such case.

 (3) If the debtor does not pay the fee provided for by subsection 2 of this section, the enforcement agent may disregard the application. In relation to an application that has been disregarded, no complaint lies against the actions of the agent under the rules of subsection 1 of § 217 of this Code.

 (4) Termination of enforcement proceedings on account of expiry of the limitation period for enforcement of the claim does not exempt the debtor from bearing enforcement costs.
[RT I, 22.03.2021, 1 – entry into force 01.04.2021]

§ 49.  Consequences of termination of enforcement proceedings

 (1) When enforcement proceedings are terminated, the enforcement agent, without delay, releases any attachments that have been imposed on property and files an application with the Registrar to remove any restraining notes from the relevant register, except when enforcing an interim relief order. The enforceable title is returned to the party seeking enforcement.

 (2) Termination of enforcement proceedings does not prejudice the right of the party seeking enforcement to file a new application with the enforcement agent if the claim arising from the enforceable title has actually not been fulfilled. The party seeking enforcement may not file a new application if they have waived their claim in writing, or if enforcement proceedings concerning the claim have been terminated on account of expiry of the limitation period for enforcement.
[RT I, 22.03.2021, 1 – entry into force 01.04.2021]

§ 50.  Rules concerning suspension and termination of enforcement proceedings

 (1) Enforcement proceedings are suspended or terminated by a decision of the enforcement agent. Before deciding on a suspension or termination, the party seeking enforcement and the debtor may be heard.

 (11) In a situation where a monetary claim has been successfully collected, the enforcement agent may not make a decision to terminate enforcement proceedings before they have transferred the amount claimed to the party seeking enforcement and before any attachments imposed on the debtor’s property have been released.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (2) A decision to terminate or suspend proceedings is sent to the debtor and to the party seeking enforcement. The decision is also sent to a third party if the suspension or termination was applied for by such a party.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 501.  Rules for terminating enforcement proceedings due to expiry of the limitation period for enforcement of the claim

 (1) The enforcement agent transmits the debtor’s application mentioned in clause 12 of subsection 1 of § 481 of this Code to the party seeking enforcement by a method of the agent’s own choice, provided the condition stated in clause 2 of that subsection has been fulfilled, and sets a time limit for presenting written observations. When the agent transmits the application, they explain to the party seeking enforcement the debtor’s right, provided by subsection 4 of this section, to file a petition with the court for termination of enforcement proceedings on account of expiry of the limitation period for enforcing the claim.

 (2) Until the debtor’s application has been disposed of, the enforcement agent does not transfer, to the party seeking enforcement, any monies that have been received to the agent’s official bank account.

 (3) The enforcement agent considers the debtor’s application within 30 days from its reception and, within seven days following consideration, makes a decision by which they terminate enforcement proceedings or, without making a decision, notify the parties to proceedings of continuation of the proceedings.

 (4) If the enforcement agent does not terminate enforcement proceedings under subsection 1 of § 481 of this Code, they inform the debtor of the debtor’s right to file a petition with the court under § 2231 of this Code for termination of the proceedings on account of expiry of the limitation period for enforcing the claim.

 (5) Where enforcement proceedings are not terminated under subsection 1 of § 481 of this Code, no complaint lies against the actions of the enforcement agent under the rules of subsection 1 of § 217 of this Code.

 (6) If, during consideration of the debtor’s application, as a result of compulsory enforcement monies have been received to the official bank account of the enforcement agent, which, under subsection 2 of this section, have not been transferred by the agent to the party seeking enforcement, and the agent terminates the proceedings under subsection 1 of this section, the agent returns such monies to the debtor within five working days following expiry of the time limit for filing an appeal against the agent’s decision.

 (7) Where the enforcement agent does not terminate enforcement proceedings under subsection 1 of § 481 of this Code, and monies have been received as a result of compulsory enforcement to the agent’s official bank account during consideration of the debtor’s application, the agent transfers such monies to the party seeking enforcement, but not before 15 working days have elapsed since the debtor was notified of continuation of the proceedings.
23.03.2021
Correction – under subsection 4 of § 10 of the Riigi Teataja Act a manifest error in the word arvates has been corrected.
[RT I, 22.03.2021, 1 – entry into force 01.04.2021]

§ 51.  Termination of enforcement proceedings on declaration of bankruptcy

 (1) Enforcement proceedings end when the debtor is declared bankrupt, except in the situation provided for by § 511 of this Code.
[RT I, 04.01.2021, 4 – entry into force 01.02.2021]

 (2) When the debtor has been declared bankrupt, the enforcement agent, on an application of the trustee in bankruptcy, hands over, to the trustee, any documents relating to enforcement proceedings and any property of the debtor which is in the agent’s possession or which has been entrusted for safekeeping to a third party, and notifies this to the party seeking enforcement. If the agent is conducting proceedings to enforce a decision or order made in a misdemeanour or a criminal case and enforcement proceedings are subject to termination due to the fact of the debtor having been declared bankrupt, the agent informs the party seeking enforcement of the possibility of applying for conversion of the sanction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (3) A record is created concerning the transfer of documents, setting out a list of such documents, the property that has been handed over, the name of the trustee in bankruptcy and the date of the record. The enforceable title is appended to the record.

§ 511.  Special rules concerning the end of enforcement proceedings when the debtor is declared bankrupt

 (1) Where this is justified, the court may, primarily when, in enforcement proceedings, an auction has been announced concerning property that belongs to the debtor, decide that the enforcement agent is to hold the auction regardless of the debtor having been declared bankrupt.

 (2) The enforcement agent deducts, from the proceeds of the sale, their fee and enforcement costs according to the provisions of the Code of Enforcement Procedure and the Enforcement Agents Act. The trustee in bankruptcy may file, in accordance with the rules provided by this Code, an appeal to the enforcement agent against the agent’s decision imposing an obligation to pay the enforcement agent’s fee and the costs of enforcement.
[RT I, 04.01.2021, 4 – entry into force 01.02.2021]

Part 2 ENFORCEMENT PROCEDURE FOR MONETARY CLAIMS  

Chapter 4 GENERAL PROVISIONS FOR LEVIES ON PROPERTY  

§ 52.  Methods of levy on property

 (1) Where property is to be levied upon, it is attached and sold. Satisfaction of the claim of the party seeking enforcement is provided out of the money received from the property’s sale.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

 (2) Where an item of immovable property is levied upon, its compulsory administration may be ordered. In a situation of compulsory administration, satisfaction of the claim of the party seeking enforcement is provided out of the fruits received from such administration.

 (3) Where a monetary claim is filed against the State or against a municipality, a levy is made on funds. Where the levy has not succeeded within a reasonable period of time, items of property are levied upon.

§ 53.  Extent of attachment of property

 (1) Except where it is impossible to satisfy the claim of the party seeking enforcement by another method, it is prohibited to attach more of the debtor’s property than is necessary for satisfying such a claim and for covering the costs of enforcement.

 (2) Property is not to be attached if it may be presumed that the funds raised by a sale of the objects to be attached will only cover the costs of enforcement.

 (3) The enforcement agent determines the order of attachment of property after hearing the proposal of the party seeking enforcement. The order is determined having regard to the need to provide the speediest satisfaction possible to the claim of the party seeking enforcement, and to the fact that legitimate interests of the debtor may not be harmed.

§ 54.  Restraint on disposal as a result of attachment of property

 (1) As of attachment, the debtor is prohibited from making any disposals of the property attached. Where an attachment that is imposed on an item of immovable property also extends to movable property, items of such property may be disposed of within the scope of regular management.

 (2) Unless otherwise provided by law, a disposal transaction or any other disposal made in violation of a restraint on disposals is void.

 (3) Where a restraint is imposed on disposals of title, of a limited real right or of a pecuniary right, a restraining note is recorded in the relevant register in accordance with the rules provided by law. Insofar as it applies, the restraining note bars the making of any entries to the register without a corresponding application or consent of the enforcement agent.

[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 55.  Void attachment

  An attachment is void and has no legal consequences if the procedural provisions concerning attachment have been materially infringed, primarily if:
 1) property has been attached without a valid enforceable title;
 2) the enforcement notice has not been served on the debtor;
 3) property was attached by a person who lacked the corresponding authority;
 4) the debtor has, to material extent, not been notified of their rights under the enforcement procedure and this has resulted in a violation of the debtor’s rights.

§ 56.  Extent of satisfaction of a claim

 (1) The claim of the party seeking enforcement is satisfied inclusive of any late interest and of any other ancillary claims whose amount appears in the enforceable title.

 (2) When distributing any funds received under enforcement proceedings (hereinafter, ‘proceeds’), the following priority order applies to cancellations of the debtor’s debt: first, any costs to be borne by the debtor, then any ancillary claims that are being enforced and, finally, the principal debt and any interest that has accrued after attachment.

 (3) Late interest accrues until the date of the auction or until the date of sale of the property by another method or until the end of compulsory administration.

§ 57.  Returning the remainder of funds to the debtor

  Any amount which remains of the funds received from the sale of property in enforcement proceedings after the costs of enforcement are covered and the claim is paid is returned to the debtor within five working days following the distribution of funds.

§ 58.  Claims in a foreign currency

  In enforcement proceedings, any claims or other rights expressed in a foreign currency are converted into euro based on the daily rate of the European Central Bank as on the date of satisfaction of the claim or distribution of the proceeds or the creation of the distribution plan.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

Chapter 5 LIST OF PROPERTY AND THE DEBTOR’S OATH  

§ 59.  Obligation to provide information

 (1) The debtor must provide to the enforcement agent any information on the debtor’s property which the agent needs in connection with enforcement proceedings.

 (2) Third parties who are in possession of property belonging to the debtor or who owe pecuniary obligations to the debtor are also required to provide information concerning the debtor’s property.

 (3) An employee or a former employee of the debtor’s whose employment relationship has ended during the year preceding the commencement of enforcement proceedings is also required to provide the information mentioned in subsection 1 of this section.

§ 60.  List of property

 (1) When the enforcement agent so demands, the debtor is required to present a list of their property, including any obligations.

 (2) The list of property must, in addition to the property the debtor currently holds, state:
 1) any property which the debtor has transferred to connected persons within the meaning of § 117 of the Bankruptcy Act for a charge during the year preceding commencement of enforcement proceedings;
 2) any property which the debtor has disposed of as a gift during two years preceding commencement of enforcement proceedings.

 (3) Property that cannot be attached is included in the list only if such property’s attachment with substitution of property is presumably possible.

§ 61.  Debtor's oath

 (1) On a motion of the enforcement agent or of the party seeking enforcement, the court may require the debtor to swear an oath to confirm that the information presented to the enforcement agent concerning their property is accurate according to the debtor’s best knowledge.

 (2) The debtor takes the oath in court by speaking the following words:
“I (name) swear by my honour and conscience that the information presented to the enforcement agent concerning my property is correct to my best knowledge.”
The debtor signs the text of the oath.

 (3) Where the debtor is a legal person, the debtor’s oath may be taken by a member of such a person’s management body, its liquidator, the partner of a general or a limited partnership, a shareholder whose holding represents at least one tenth of the share capital, a procurator or a person responsible for accounting.

 (4) In the case of a corporate debtor, the debtor’s oath may also be taken by a member of its management body, its liquidator, procurator or a person responsible for accounting who was released from their duties within one year following commencement of enforcement proceedings.

§ 62.  Ensuring presentation of the list of property and the taking of the oath

 (1) Where the debtor, without a valid reason, fails to present a list of their property to the enforcement agent or fails to comply with the obligation to take the oath, the court may order the person who is under a duty to present the list or take the oath forcibly brought in and, if this is needed, give the person a short-term custodial sentence.

 (2) An order imposing a short-term custodial sentence states, among other things, the following:
 1) the particulars of the party seeking enforcement and of the debtor;
 2) the reason for the sentence;
 3) the duration of the sentence, determining it to be discharged at the time of taking the debtor's oath or when the sentence has been served.

 (3) An order imposing a short-term custodial sentence does not need to be served before it is enforced. On arrest, a copy of the order is handed to the debtor against a signed acknowledgement of receipt.

 (4) The debtor may be ordered to serve a short-term custodial sentence of up to 30 days.

 (5) The debtor must be released from serving the sentence when they present a list of their property or take the oath.

 (6) The short-term custodial sentence is served under the conditions provided for by the Imprisonment Act at the jail or prison in whose service area the court that made the order is situated or in which the sentenced person has their residence. Unless otherwise provided for by this Code, forcibly bringing a person in is subject to the provisions of the Code of Criminal Procedure concerning forcible bringing-in.
[RT I, 03.03.2021, 1 – entry into force 04.03.2021]

 (7) The debtor may, in accordance with the Code of Civil Procedure, file an appeal against a court order under which they were arrested or by which a short-term custodial sentence was imposed on them.

 (8) Within the year following the taking of the oath, the debtor is only required to take the oath anew if the enforcement agent has reason to believe that the debtor has acquired property after having taken the oath.

§ 63.  Enforcement Register

  [RT I, 09.04.2021, 1 – entry into force 01.01.2024]

 (1) The Enforcement Register is a database of the State Information System that serves the following purposes:
 1) to collect information on enforcement proceedings and to facilitate access to that information;
 2) to collect statistical information on enforcement;
 3) to function as an information exchange channel to ensure that electronic applications may be made – to carry out tasks emanating from the law – for operations consisting in attachment of the debtor’s account and of any monetary claims the debtor holds, as well as in administering the attachments;
 4) to function as an information exchange channel to ensure that – to carry out tasks emanating from the law – queries can be made for information in the possession of credit and payment institutions.

 (2) A person exercising public authority who requires the use of the Enforcement Register for carrying out tasks emanating from the law may be allowed to use the system provided existing arrangements make this is technically feasible.

 (3) The Ministry of Justice is controller of the Enforcement Register.

 (4) Persons or authorities appointed by the Minister in charge of the policy sector are processors of the Enforcement Register.

 (5) Constitutive regulations of the Enforcement Register are enacted by the Minister in charge of the policy sector.

 (6) Enforcement cases are registered in the Enforcement Register;

 (7) Information that appears in the Enforcement Register is presumed to be true and accurate.

 (8) The following are made available via the Enforcement Register:
 1) information concerning enforcement cases in which proceedings are ongoing and in which proceedings have been terminated;
 2) information on attachments imposed in enforcement proceedings and on their ranking;
 3) information on the proceedings authority, the parties to proceedings and any persons participating in the proceedings.

 (9) The Minister in charge of the policy sector enacts, by regulation, a detailed list of the particulars to be recorded in the Enforcement Register.

 (10) The rules and technical requirements for electronic verification of whether an account has been opened as well as the rules for processing the data in the Enforcement Register and for issuing information from the Register are laid down in its constitutive regulations.

 (11) The Enforcement Register makes available to the public information on whether a person has a maintenance debt and, if they do, the outstanding amount that is subject to collection as well as the name, telephone number and email address of the enforcement agent collecting it and the reference number of the enforcement case.

 (12) The Enforcement Register makes available to the public information on whether a person has an outstanding debt that is being enforced and, if they do, the amount of the debt according to the enforceable title as well as the amount that is outstanding. Information is provided in enforcement proceedings in which the time limit for voluntary payment has expired.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

§ 631.  Electronic Attachment System

  [Repealed – RT I, 09.04.2021, 1 – entry into force 01.01.2024]

§ 632.  Information system required for the work of enforcement agents

 (1) The Chamber operates an information system that is required for the work of enforcement agents and that allows for the digital exchange of data with other databases.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (2) The information system mentioned in subsection 1 of this section also allows the claims held by a person exercising public authority to be filed for enforcement and distributed – including distribution based on the principle of random attribution – among the enforcement agents.
[RT I, 09.04.2021, 1 – entry into force 01.01.2023]

 (3) For any exchange of information with other databases enforcement agents strictly use the information system mentioned in subsection 1 of this section.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

Chapter 6 LEVIES ON MOVABLE PROPERTY  

Subchapter 1 Attachment  

§ 64.  Attachment of property items that are in the debtor’s possession

 (1) In order to attach property items that are in the debtor’s possession, the enforcement agent creates a list of such items and restrains the debtor from making any disposal concerning the items. Where a note restraining disposal of an item is recorded in the relevant register on an application of the enforcement agent before service of the attachment notice according to § 75 of this Code, the recording of the note is also deemed to constitute attachment of the item.

 (2) Where the delay related to service of the enforcement notice may materially jeopardise attainment of the objectives of compulsory enforcement, the enforcement agent may attach the property of the debtor or have a restraining note recorded in the relevant register before the enforcement notice is sent out.

 (3) The enforcement agent may take possession of an item of property of which the debtor has indirect possession only with the consent of its direct possessor. If the direct possessor refuses to hand over the item, the enforcement agent may attach the debtor’s right to claim the item from the third party in question.

 (4) Where the enforcement agent has reason to believe that the debtor’s property has been passed into the possession of a third party in order to evade attachment, the agent may attach the property in the possession of the third party.

 (5) The enforcement agent deposits any cash they have seized to their official bank account not later than on the working day following the seizure.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 65.  Security right arising by virtue of attachment

 (1) As of attachment and by virtue of the same, a security right arises on the attached item of property in favour of the party seeking enforcement.

 (2) Unless otherwise provided by law, the security right arising by virtue of attachment grants the party seeking enforcement the same rights as a security right created under a contract or by law.

 (3) The security right arising by virtue of an earlier attachment ranks above such a right arising by virtue of a subsequent one. A security right that arose prior to attachment under a contract or by law ranks above the security right that arises in favour of the party seeking enforcement by virtue of attachment.

 (4) The security right arising by virtue of attachment based on a child’s claim for maintenance ranks above any other security rights arising by virtue of attachment regardless of the time of attachment. The security rights arising by virtue of attachment based on a child’s claim for maintenance have an equal ranking.

[RT I 2007, 25, 130 – entry into force 01.01.2008]

 (5) [Repealed – RT I, 08.07.2016, 1 – entry into force 01.01.2017]

§ 66.  Items of property exempt from attachment

 (1) The following items of property may not be attached or sold in enforcement proceedings:
 1) personal effects of the debtor and household utensils, kitchenware, bedclothes, beds and other items of property used for domestic purposes which are essential to satisfy household needs, taking account of the amount of the debtor’s debt;
 2) at least one technical device which allows the debtor to exercise the right to receive the information provided for by subsection 1 of § 44 of the Constitution of the Republic of Estonia (RT 1992, 26, 349; RT I 2003, 29, 174; 64, 429);
 3) foodstuffs to sustain the debtor and their family for one month and the fuel required to heat their dwelling during one heating period or, where such a supply is not present at the time of enforcement and its acquisition is not provided for by another method, a sum of money required to acquire the supply;
 4) any farming equipment, cattle, fertilizers and primary agricultural products of a person engaged in agriculture, which are essential for the debtor to maintain themselves and their family until the next harvest;
 5) objects essential for a natural person to continue to pursue their economic or professional activities or their employment or service relationship;
 6) books and other objects used by the debtor or a member of their family in for learning/teaching or worship purposes;
 7) accounting documents, family records, marriage rings, orders and decorations belonging to the debtor;
 8) artificial limbs, spectacles and other medical devices necessary due to a physical disability, which are used by the debtor or his or her family member;
 9) objects necessary for a funeral to be held in the debtor’s family;
 10) a collection of a national or municipal museum or of a museum of a public legal person as well as any items belonging to such a collection, and a national museum collection or any items of such a collection that are being used by a foundation;
 11) archival records;

[RT I, 21.03.2011, 1 – entry into force 01.01.2012]
 12) other items of property whose attachment would be contrary to law or good morals.

 (2) Items of property mentioned in clauses 1, 2, 4 and 5 of subsection 1 of this section may be attached if compulsory enforcement is demanded by a seller on account of a monetary claim secured by an ownership reservation on the sale of such items.

 (3) Items of property necessary for worship activities mentioned in clause 6 of subsection 1 of this section may be attached if the way in which the items are used is contrary to good morals or punishable.

 (4) Attachment may not be imposed on State assets whose circulation in the private sphere is subject to restrictions or on items of property which the debtor State or municipality needs for the performance of public duties or whose alienation would be contrary to public interests. Before a decision is made, the opinion of the representative of the competent Ministry or authority must be heard.

§ 67.  Exempting animals from attachment

 (1) Attachment is not allowed in respect of animals that are kept at home for non-commercial purposes.

 (2) On a motion of the party seeking enforcement, the court may allow the attachment of a high-value animal, provided exempting such an animal from attachment would significantly violate the party’s interests that are of a type that precludes giving effect to the interests of animal protection or of the legitimate interests of the debtor.

§ 68.  Attachment with substitution

 (1) An item of property mentioned in clauses 1, 2, and 5 of subsection 1 of § 66 of this Code may be attached if the party seeking enforcement, before seizing the item, gives the debtor a substitute that is fit for use but less valuable, or gives the debtor money for the acquisition of a substitute (hereinafter, ‘attachment with substitution’). The value of the substitute or the sum of money paid for its acquisition is compensated to the party seeking enforcement from the proceeds of compulsory enforcement as enforcement costs.

 (2) Where it is impossible for the party seeking enforcement to substitute an item of property at a proper time or the party cannot be expected to make such substitution, the enforcement agent may arrange attachment of the item with substitution, provided the debtor receives the money necessary for replacing the item from the proceeds of compulsory enforcement as enforcement costs.

 (3) On an application of the party seeking enforcement, the enforcement agent decides on attachment with substitution and determines the value of a substitute item of property offered or the sum necessary for substituting the item.

 (4) Money given to the debtor for the acquisition of a substitute item of property may not be attached.

§ 69.  Provisional attachment

 (1) Where it may be presumed that an item of property that cannot be attached may become attachable in the near future, the item may be attached but must remain in the possession of the debtor. Enforcement proceedings in respect of a provisionally attached item may be continued only after the item becomes attachable.

 (2) The enforcement agent releases the attachment of an item of property if the item has not become attachable within six months following its provisional attachment.

§ 70.  Persons to be present when a list of property items is created

 (1) A list of property items is created in the presence of the debtor, their representative or a full-age member of their family. If the debtor, their representative or a full-age member of their family is not present when the items are attached, the enforcement agent enlists two witnesses or a police officer to be present at the attachment.

 (2) The party seeking enforcement or a representative of such a party may be present when the list of property items is created.

§ 71.  Leaving an item of property in the debtor’s possession

 (1) Unless this jeopardises satisfaction of the claim of the party seeking enforcement, the enforcement agent may leave an attached item of property in the debtor’s possession. Cash, valuables or securities in the form of documents are not left in the debtor’s possession.

 (2) When the item of property is left in the debtor’s possession, it must be sealed or otherwise marked in order to make its attachment apparent.

§ 711.  Handing over a maintenance debtor’s vehicle or other property registered in the Motor Register to the enforcement agent

 (1) If a maintenance debtor has not voluntarily handed over a vehicle or other property registered in the Motor Register against which a note prohibiting disposal has been recorded in that register, the enforcement agent may, if this is necessary, enlist the assistance of a police officer to take control of such a vehicle or other property which is in the direct possession of the debtor.

 (2) Where the enforcement agent wishes to enlist the assistance of a police officer for taking possession of a vehicle or other property registered in the Motor Register against which a restraining note has been recorded in the register, they record a supplementary note that reads ‘Üle anda kohtutäiturile’ [To be handed over to the enforcement agent] to the note restraining disposal of such a vehicle or other object.

 (3) When a vehicle or other property registered in the Motor Register is taken for preservation by a police officer under a note mentioned in subsection 2 of this section, it is deemed to have passed into the possession of the enforcement agent who recorded a note concerning the handing over of such a vehicle or other property.

 (4) In a report concerning the handing over of possession of a vehicle or other property registered in the Motor Register, a police officer records the particulars of the property and its overall condition, the particulars of the maintenance debtor and of the enforcement agent who entered the note concerning the handing over of such property. The officer transmits the report to the enforcement agent who entered the note.

 (5) A specific list of particulars to be recorded in a report mentioned in subsection 4 of this section is enacted by a regulation of the Minister in charge of the policy sector.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 712.  Rights of a police officer when handing over a maintenance debtor’s vehicle or other property registered in the Motor Register to the enforcement agent

 (1) In order to hand over possession of a vehicle or other property registered in the Motor Register against which a note restraining disposal has been recorded in that register, a police officer may:
 1) acquaint themselves with any information held in a police database concerning the vehicle or other property;
 2) acquaint themselves with the particulars recorded in the Motor Register concerning the owner of the vehicle or other property and any notes prohibiting disposal or mandating the handing over of the vehicle or other property to the enforcement agent;
 3) ascertain the identity of a possessor of the vehicle or other property in accordance with the rules provided by § 32 of the Law Enforcement Act;
 4) stop the vehicle or other property in accordance with the rules provided by § 45 of the Law Enforcement Act;
 5) take the vehicle or other property for preservation by using, in order to achieve this, if necessary, direct coercion in respect of the maintenance debtor in accordance with the rules provided by the Law Enforcement Act for as long as is unavoidably necessary to achieve the required purpose;
 6) hand the vehicle or other property over to a person notified to the Police and Border Guard Board by the Chamber of Enforcement Agents and Trustees in Bankruptcy.

 (2) A police officer may also acquaint themselves with the information provided for by clause 2 of subsection 1 of this section in order to ascertain whether or not a note mandating the handing over of the vehicle or other property to the enforcement agent is on record.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 72.  Entrusting attached property for safekeeping to a third party

 (1) Where the enforcement agent does not assume possession of an item of attached property and does not leave it in the possession of the debtor, they may hand such an item over for safekeeping to a third party.

 (2) A bailee of the property is appointed by agreement between the debtor and the party seeking enforcement.

 (3) If the debtor and the party seeking enforcement do not agree on a bailee, one is appointed by the enforcement agent. The agent may not appoint, as bailee, the party seeking enforcement or any other person with a similar economic interest, or any relative of the agent’s, by blood or marriage.

 (4) A property item is handed over for safekeeping on the basis of an attachment notice. When handing over the item, the enforcement agent explains to the bailee their obligations and the consequences of violating them.

 (5) Where the bailee, without justification, does not return the item that has been handed over to them for safekeeping when this is required by the enforcement agent, the party seeking enforcement may apply for the item to be seized from the bailee. Where seizure requires entry upon any premises or land used by the bailee, such an entry may be made under a court order. The order is made on an application of the enforcement agent.

 (6) The bailee’s fee and any costs incurred for the item’s safekeeping are included in the costs of enforcement.

 (7) The bailee’s responsibility for the safekeeping and return of any item that they have been entrusted with is subject to the provisions of the Law of Obligations Act governing a bailee’s liability. The party seeking enforcement is deemed the bailor.

§ 73.  Third parties’ objections to attachment

 (1) A pledgee or any other person having a similar priority right in respect of a property item may not contest its attachment.

 (2) If a third party, at the time of attachment, asserts to be the owner of the property item to be attached, a note concerning such an objection is made on the attachment notice. The enforcement agent explains to the third party their right to make a court claim for setting the attachment aside.

§ 74.  Appraisal of attached property

 (1) When an item of property is attached, such an item is appraised and its price is stated in the attachment notice.

 (2) Where it is not possible to appraise the item of property at the time of attachment, an appraisal must be carried out without delay following that time. The results of the appraisal are stated in the attachment notice.

 (3) Property items that have been attached are appraised by agreement between the debtor and the party seeking enforcement.

 (4) Where the debtor and the party seeking enforcement do not agree concerning appraisal of the property, and also where at least one of them is not present at the time of attachment, the property is appraised by the enforcement agent.

 (5) The enforcement agent appraises an item of property based on its usual value, taking account, among other things, of any rights of third parties encumbering the item and the possibility of such rights being subject to extinguishment.

 (6) Where appraising an item of property presents difficulties, the enforcement agent commissions an expert to appraise the item.

 (7) The debtor or the party seeking enforcement may contest a price determined by the enforcement agent by filing an appeal with the agent according to the rules provided by § 217 of this Code.

 (8) Where the price is contested, the enforcement agent applies to the court to appoint an expert to arrange a new appraisal.

 (9) The costs of appraisal by an expert appointed by the court are borne by the person who contested the appraisal. The person who contested the appraisal pays the costs of appraisal in advance. If such a person does not pay the costs by the time set by the court, they are deemed not to have contested the appraisal.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 75.  Attachment notice

 (1) When attaching an item of property, the enforcement agent creates the corresponding attachment notice; the form of the notice is enacted by a regulation of the Minister in charge of the policy sector.

 (2) The attachment notice is signed by the enforcement agent, by the bailee to whom the item is handed over, by the debtor and by any other persons present at the time of attachment. Should a person refuse to sign, a corresponding note is made on the notice.

 (3) An attachment notice is created as a single-copy original document, which is kept in the enforcement file. A copy of the notice is given to the debtor or any representative or full-age family member of the debtor present at the time of attachment, as well as to the party seeking enforcement and to the bailee.

 (4) If the debtor is not present at the time of attachment, the attachment notice is served on the debtor. In such a situation, a property item is deemed to be attached as of service of the notice.

 (5) Where the debtor or the party seeking enforcement who is present at the attachment of property does not make any representation or comment concerning such property, they do not have a right to file a complaint invoking the erroneous creation of the corresponding notice or to subsequently rely on its being erroneous.

§ 76.  Attaching an item of property for the benefit of another party seeking enforcement

 (1) In order to impose a second attachment on an item already attached, the enforcement agent adds, to the attachment notice, the particulars of the other party seeking enforcement and a note that the item has already been attached.

 (2) If the first attachment on an item of property was imposed by another enforcement agent or by the Tax and Customs Board, a copy of the attachment notice must be served on them.

 (3) A notice concerning each attachment must be served on the debtor and on the party seeking enforcement.

§ 77.  Releasing the attachment of an item of property

 (1) On an application of the party seeking enforcement and with the consent of the debtor, the enforcement agent releases the attachment of an item of property, even if the rest of the property that has been attached is not sufficient to execute the enforceable title.

 (2) On an application of a third party, the enforcement agent releases the attachment of an item of property if it is evident that the item attached belongs to the third party. The enforcement agent notifies the party seeking enforcement, without delay, of having released the attachment.

 (3) Where a third party applies for release of the attachment of an item of property and the enforcement agent refuses to grant the application, the agent explains to the third party their right to file a court claim for releasing the attachment.

 (4) The enforcement agent releases the attachment of an item of property if the item cannot be sold within a reasonable period of time. The agent notifies the party seeking enforcement, without delay, of having released the attachment.

 (5) When the attachment of an item of property subject to a registration requirement is released, the Registrar removes a restraining note recorded in the register on the enforcement agent’s request.

Subchapter 2 Sale under Enforcement Procedure  

§ 78.  Public auction

 (1) Unless otherwise provided by this Code, an item of movable property that has been attached is sold by the enforcement agent at a public electronic auction.

 (2) Where an electronic auction is not possible for reasons beyond the control of the enforcement agent, an oral auction may be held.

 (3) Where, according to an attachment notice, the price of items of movable property that have been attached is up to 2000 euros, the enforcement agent may delegate their sale to the Chamber.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 79.  [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 80.  Time of auction

 (1) The time of an auction is determined by the enforcement agent.

 (2) Unless the party seeking enforcement and the debtor agree on an earlier date, the enforcement agent may not hold an auction before ten days have elapsed after the item of property was attached.

 (3) The enforcement agent may hold an auction before ten days have elapsed after attachment if it appears that, should the aforementioned time limit be observed, the value of the item of property to be auctioned would significantly decrease or if unreasonably high holding costs would be incurred by holding the item.

§ 81.  Place of an auction

 (1) Electronic auctions are held online in an electronic auction environment (hereinafter, ‘auction environment’).

 (2) If the enforcement agent arranges a public oral auction, the agent determines the place where the auction is to be held, having regard to the possibilities for selling the item to be auctioned and the auction’s costs.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 82.  Starting price at the auction

 (1) The starting price of an item of property at the auction is the price that results from the item’s appraisal and that is stated in the attachment notice.

 (2) The enforcement agent may change the starting price, after the notice of the auction has been published, on the grounds of being made aware of rights, and of their substantiation, provided the price stated in the attachment notice is likely to be different from the market price. A right of which, and of whose substantiation, the agent has not been made aware after publication of the auction announcement is not taken into account when determining the starting price.

 (3) Before changing the starting price, the enforcement agent asks the party seeking enforcement and the debtor to state their views concerning the change.

§ 83.  Deposit at the auction

 (1) Where an auction is arranged, the enforcement agent may set a deposit for the participants in an amount of up to ten per cent of the starting price. If a deposit has been set, any person who wishes to participate in the auction must pay it.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (2) The deposit is paid, when registering for the auction, into the account specified by the enforcement agent or to the agent in cash. If the deposit is paid into the account specified by the agent, it is deemed to have been paid when the agent’s account is credited with the corresponding amount. The deposit may be paid in cash if its amount does not exceed 640 euros.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (21) If the deposit is paid in the auction environment using a method of payment that is provided by the service provider and that allows payments to be processed immediately, the deposit is deemed paid to the enforcement agent as of the crediting of the central account of the Chamber in the amount of the deposit. The person participating in the auction bears the costs relating to the payment of the deposit by such a method.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (22) The Minister in charge of the policy sector enacts, by regulation, detailed rules and requirements for payment of deposits in auction environments using a method of payment that is provided by the service provider and that allows payments to be processed immediately.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (3) The enforcement agent may also accept, as a deposit, a permanent payment warranty, irrevocable payment warranty or unconditional payment warranty of a credit institution of Estonia or another Member State of the European Union, which is issued for the amount of the deposit.

 (4) The following persons are not required to pay the deposit:
 1) the State or a municipality or the Eesti Pank;
 2) the party seeking enforcement and the pledgee, if their claim covers the deposit required.

 (5) The deposit paid by the purchaser is included in the purchase price; for other participants in the auction, their deposit is refunded on the working day following the date of the auction.

§ 84.  Notification of an auction

 (1) An auction announcement states:
 1) the beginning and place of the auction and the rules and time limit for registering for the auction;

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]
 2) a general description of the items of property to be auctioned;
 3) the starting price, the rules for payment, the amount of the deposit and the time limit for the payment of the purchase price and of the deposit;

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]
 4) the time and place for examining the items of property to be auctioned;
 5) any ascertained rights of third parties encumbering the item of property to be auctioned and other encumbrances and restrictions relating to such an item;
 6) an invitation to members of the public to inform, before the auction, the enforcement agent of their rights concerning the item of property to be auctioned – If the agent has not yet been informed of such rights – and to substantiate such rights if this is required by the agent;
 7) an invitation to persons who hold rights that constitute an obstacle to the auction, to obtain, before the date of distribution of the proceeds, the termination or suspension of the auction under an agreement with the party seeking enforcement or under a judicial disposition;
 8) [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]
 9) where an auction is held electronically, the time when the auction is scheduled to end and its dynamic extension period.

[RT I, 31.12.2012, 5 – entry into force 01.01.2013]

 (2) The announcement is published at least ten days before the auction in the publication Ametlikud Teadaanded and in a public computer network. The enforcement agent may also publish the announcement in a newspaper which is circulated in the locality where the auction is to be held. At the request of the party seeking enforcement or of the debtor, the enforcement agent publishes the announcement in other publications at the expense of the party seeking enforcement or of the debtor.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (21) [Repealed – RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (3) The debtor and the party seeking enforcement are informed of the substance of the auction’s announcement at least ten days before the auction.

 (4) The enforcement agent may also publish the announcement less than ten days before the auction or the auction may be given notice of by a method or within a time limit different from that provided by subsections 2 and 3 of this section if the item of property is likely to be destroyed or damaged or its value may decrease significantly.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 85.  Right to examine the items of property to be auctioned

 (1) From the publication of the announcement until the beginning of the auction, interested persons have a right to examine the items of property to be auctioned.

 (2) The enforcement agent sets a specific time for examining the items. If the items are in the possession of the debtor, the debtor has a right to require that examination take place during the hours prescribed for enforcement operations. The enforcement agent must take the interests of the owner into consideration.

 (3) Interested persons have a right to examine any representations made in respect of an item of property to be auctioned and any evidence concerning the item, including appraisal reports.

§ 86.  Written bid

 (1) A person who wishes to purchase an item of movable property at an oral auction of the movable may, until the beginning of the auction, submit to the enforcement agent a written bid which states:

[RT I 2009, 68, 463 – entry into force 01.01.2010]
 1) the name, residence or seat of the person offering the price;
 2) a general description of the item of property;
 3) the price offered for the item of property.

 (2) A written bid must be submitted in a closed envelope. The envelope is opened at the auction.

§ 87.  Persons who are allowed to bid at an auction

 (1) Unless otherwise provided by law, any person may participate at an auction as a bidder. The debtor and the party seeking enforcement may also make bids at the auction.

 (2) Neither the enforcement agent nor a person who was present at the attachment of property as a witness, nor the person who is holding the auction or serves as a witness at the auction, nor any person acting for the account of such a person may participate in the auction, either in person or through a representative. The enforcement agent notifies this to participants of an oral auction before the beginning of the auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (3) Any sale of the property to a person mentioned in subsection 2 of this section, and any disposal of such property by such a person is void. If a new auction must be held for this reason, the infringing person bears the costs of holding the new auction and pays any difference between the price offered by themselves and that offered at the new auction, should the price offered at the new auction be lower than the price offered by the person.

§ 871.  Rules regarding registration for an auction

 (1) Registration for an auction takes place before the auction begins.

 (2) Where an item of movable property is to be auctioned whose value does not exceed 1000 euros, registration for the auction is possible immediately before the making of a bid.

 (3) A person who wishes to participate in an auction registers themselves according to the rules and within the time limit stated in the auction’s announcement and pays a deposit according to the rules provided by subsections 2 and 21 of § 83 of this Code.

 (4) A person is registered as a participant in the auction if their registration application and any annexes to such an application comply with the requirements of the auction, if their deposit has been paid and if the person may participate in the auction as a bidder.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

§ 88.  Rules for oral auctions

  [RT I 2009, 68, 463 – entry into force 01.01.2010]

 (1) At the beginning of an oral auction, the enforcement agent makes an announcement that states any material conditions in relation to the property on auction, the parties seeking enforcement who participate in the proceedings, such parties’ claims, the time of attachment of the items of property, the applications that have been made, the conditions of the auction and the starting price. The conditions of an oral auction include, among other things, the bidding increment which is set by the enforcement agent having regard to the value of the item of property on auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) Where the starting price that has been set differs from the price stated in the attachment notice, at the beginning of the oral auction the enforcement agent must state the reasons for setting such a price.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (3) After the conditions have been announced, the enforcement agent opens any written bids that have been received and invites the participants to make additional bids.

 (4) Property is sold at an oral auction in the order stated in the attachment notice.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (5) An oral auction is conducted in the presence of two witnesses, a representative of the municipality or a police officer.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 881.  Rules for electronic auctions

 (1) At the beginning of an auction, the enforcement agent makes an announcement in the auction environment which states, according to § 84 of this Code, any material conditions that relate to the property on auction and to the auction, as well as the starting price. The enforcement agent sets the bidding increment for the auction having regard to the value of the item of property on auction. Where this is justified, the agent may set a starting price which differs from the price stated in the attachment notice.

 (2) An electronic auction is opened in the on-line environment at the time announced to the public by a method mentioned in subsection 2 of § 84 of this Code. An electronic auction remains open for at least five working days. The duration of an auction may be reduced in a situation mentioned in subsection 3 of § 80 of this Code.

 (3) [Repealed – RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (4) When an auction has been opened, the participants start bidding from the starting price. The participants make their bids electronically in full euros in accordance with the bidding increment.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (5) An electronic auction terminates at the time stated in the auction’s announcement. If a new bid is made during a final time segment of the auction that is equal to the auction’s dynamic extension period, the duration of the auction is automatically extended by such a period and the auction lasts until bidding continues. The dynamic extension period is 1–60 minutes. If an auction whose duration has been automatically extended has not ended earlier, it ends when 120 hours have elapsed from the end time of the auction as stated in the announcement.

[RT I, 31.12.2012, 5 – entry into force 01.01.2013]

 (6) The Minister in charge of the policy sector may, by regulation, enact technical requirements for conducting electronic auctions.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 882.  Rules for simplified auctions

 (1) A simplified auction is conducted by a person authorised by the Chamber. A simplified auction must be conducted efficiently and at the minimum possible cost.

 (2) An announcement of a simplified auction is published on the website of the Chamber at least three working days before the auction is held. The announcement states a general description of the items of property to be sold at the auction and the time and place for examining such items.

 (3) The debtor and the party seeking enforcement must be informed of the substance of the announcement of a simplified auction at least three working days before the auction.

 (4) The time limit mentioned in subsections 2 and 3 of this section does not apply if the item to be auctioned is highly perishable.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 89.  Rejection of bids

 (1) The enforcement agent rejects any invalid bid. Primarily, the following are deemed to be invalid:
 1) a bid that does not cover the starting price;
 2) a bid by a person who is not allowed to participate in the auction;
 3) a contingent bid.

 (2) The enforcement agent may reject a bid made with the intention of causing the auction to fail.

 (3) If the validity of a bid depends on the scope of authority of the bidder’s representative, or on the consent of another person, the enforcement agent rejects the bid unless the authority or consent is proved without delay.

§ 90.  Duration of an oral auction

  [RT I 2009, 68, 463 – entry into force 01.01.2010]

 (1) An oral auction is continued until the enforcement agent’s call for bids elicits no further overbids.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) [Repealed – RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 91.  Declaration of winning bid

 (1) Where the auction is an oral one, the enforcement agent announces, at the auction, the last overbid and the end of the auction. The last overbid at an oral auction is declared to be the winner after it has been announced three times.

 (2) Where the auction is an electronic one, the bid with the highest price submitted in the auction environment by the end of the auction is declared to be the winner.

 (3) If the winning bidder has assigned the rights to purchase the item to another person and the other person also assumes the obligations arising from the winning bid, the corresponding applications are made to the enforcement agent during the time limit for payment of the purchase price.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (4) The enforcement agent does not declare a bid the winner if the conditions of the auction have been materially violated or if the auction or a continuation of the auction is barred by a right of a third party.

 (5) The winning bid is announced to the participants of an oral auction at the place of the auction on the day of the auction and, in an electronic auction, in the auction environment on the working day following the date of the auction. If a bidder was present at the opening of the bids, they are deemed to have been informed of the results of the auction. In exceptional cases, the enforcement agent may postpone the announcement by up to seven days. The agent notifies any postponement to the participants of the auction without delay.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (6) A declaration of the bid to be the winner becomes effective at the time it is announced.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 92.  Objections of persons present at an oral auction

  [RT I 2009, 68, 463 – entry into force 01.01.2010]

 (1) After the announcement of the last overbid, the persons present may voice their objections to the conduct of the auction. They are informed of this right by the enforcement agent.

 (2) The enforcement agent records the objections in the report of the auction.

 (3) If the persons present voice no objections, they do not have a right to complain of the report having being created inaccurately, nor may they subsequently invoke such inaccuracies or any material violation of the auction’s conditions.

§ 921.  Objections of participants in an electronic auction

  Participants in an electronic auction may file objections concerning the conduct of the auction within the working day following the date on which the auction ended. Any objections that are filed and the consequences of failure to file an objection are subject to the provisions of subsections 2 and 3 of § 92 of this Code.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 93.  Obligation to pay the purchase price immediately

 (1) The winner of an oral auction pays the purchase price immediately after the end of the auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) Where the purchase price exceeds 12,700 euros, the winner of the oral auction must pay one tenth of the purchase price immediately after the end of the auction and the rest of the price must be paid within 15 days. Where the debtor is the purchaser, they must immediately pay the entire purchase price.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (21) The winner of an electronic auction must pay the purchase price on the working day following the date of termination of the auction by a method provided for by subsection 3 of this section. If the purchase price exceeds 12,700 euros, one tenth of the purchase price must be paid on the working day following the date of termination of the auction and the rest of the price must be paid within 15 days. Where the debtor is the purchaser, the entire purchase price must be paid on the working day following the date of the auction.

[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (3) For the purposes of subsections 1 and 2 of this section, immediate payment means payment of the purchase price in cash or to the account specified by the enforcement agent. If the purchase price is paid to the account specified by the agent, the purchase price is deemed to have been paid to the enforcement agent as of the crediting of the account of the enforcement agent with the amount of the purchase price. The agent may accept as immediate payment also a permanent, irrevocable and unconditional payment warranty of a credit institution of Estonia or if another Member State of the European Union provided at least for the amount of the purchase price.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (4) If the purchaser is the party seeking enforcement and if the party’s claim exceeds or is equal to the purchase price, a set-off is made with such a claim to the extent that corresponds to the share the party would be entitled to receive on distribution of proceeds from the sale of the property purchased. The share of the purchase price that was not set off is paid by the party to the official bank account of the agent according to the rules provided by this section.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (5) The item of property is handed over to the purchaser after the entire purchase price has been paid.

 (51) If the purchase price is paid in the auction environment by means of a method of payment which is provided by the payment service provider and which allows the payment to be processed immediately, the purchase price is deemed to have been paid to the enforcement agent as of the time when an amount covering that price is credited to the central account of the Chamber. The buyer covers the costs related to payment of the deposit by the same method.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (52) The Minister in charge of the policy sector enacts, by regulation, detailed rules and requirements for payment of the purchase price in auction environments using a method of payment which is provided by the payment service provider and which allows payments to be processed immediately.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

 (6) Where this is requested by the purchaser, the enforcement agent extends the time limit for the payment of the purchase price provided for by subsections 2 and 21 of this section by an additional period of 15 days. The agent issues the extension as a decision. The decision is transmitted to the debtor, to the party seeking enforcement, to the person who made the winning bid and to any persons whose rights regarding the property item on auction are known to the enforcement agent.
[RT I, 22.12.2020, 34 – entry into force 01.01.2021]

§ 931.  Payment of the purchase price by means of a loan

 (1) If a purchaser wishes to buy an item of property sold at an auction by means of a loan issued by a credit institution, they notify this to the enforcement agent without delay after their bid is declared to be the winner. Immediate notification means notification that is made to the enforcement agent on the date on which the bid was declared the winner.

 (2) The obligation provided by § 93 of this Code, to pay one tenth of the purchase price or the entire purchase price without delay, does not apply to the purchaser when the purchase price is to be paid by means of a loan. The purchaser undertakes to pay the entire purchase price or arrange for the performance of the obligation to pay the purchase price by a credit institution within 15 days from the day following the date the purchaser’s bid was declared to be the winner.

 (3) The debtor cannot apply to pay the purchase price by means of a loan.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 94.  Increasing the amount to be paid

 (1) If it turns out, after the auction, that the security right or any other right taken into account when determining the starting price is not valid or has been extinguished, a purchaser who knew or should have known that such a right is not valid on has been extinguished must also pay, in addition to the purchase price, the amount provisioned on determination of the starting price to the extent of the right’s value.

 (2) The provisions of subsection 1 of this section also apply if the right is conditional and the suspensive condition is not, or the resolutive condition is, fulfilled and the purchaser knew or should have known that when making their bid.

§ 95.  Acceptance of proceeds of auction

 (1) The proceeds of an auction is the amount of money corresponding to the winning bid. The proceeds are paid to the enforcement agent. The rules governing reception and handing over, to the party seeking enforcement, of the proceeds are enacted by a regulation of the Minister in charge of the policy sector.

 (2) Any amount that remains after enforcement costs have been covered and the claim has been satisfied is returned to the debtor.

§ 96.  Auction report

 (1) The enforcement agent creates an auction report which is signed by the agent and by the witnesses. The form of the report is established by a regulation of the Minister in charge of the policy sector.

 (2) Among other things, the report of an auction states the following particulars:
 1) the particulars of the item of property on auction;
 2) the name and personal identification code or register code of the purchaser;
 3) the price of the winning bid and the method of and time limit for payment;
 4) the conditions for the item to be handed over.

 (3) Where an item of property must be recorded in the name of the purchaser in a register, such registration is performed on the basis of a copy of the auction report.

 (4) The enforcement agent serves the auction report on the party seeking enforcement, to the debtor, to the person who made the winning bid and to any persons whose rights regarding the item of property on auction are known to the agent.

§ 97.  Termination of auction before sale of items of property

 (1) An oral auction is terminated if, after the beginning of the auction but before the last bid is declared the winner, the debtor or a third party who has a right to pay the claim of the party seeking enforcement pays, to the enforcement agent, a sum of money required to provide satisfaction of the claim of the party seeking enforcement and to cover the costs of enforcement.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (11) If the debtor’s property is sold at an electronic auction, the debtor has a right to satisfy the claim of the party seeking enforcement before the end of the electronic auction. If the debtor or a third party pays, to the enforcement agent, a sum of money required to satisfy the claim of the party seeking enforcement and to cover the costs of enforcement, the agent, without delay, cancels the auction that is being conducted in the auction environment and notifies the participants of the auction’s termination. Any deposits paid by the participants are refunded not later than on the next working day.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) When the money received at the auction from the sale of a portion of the items of property is sufficient to satisfy the claim of the party seeking enforcement and to cover the costs of enforcement, the auctioning of the remaining items of property is terminated.

§ 98.  Legal consequences of an auction

 (1) The right of ownership regarding an item of property sold at an auction arises when the item of property is handed over on the basis of the auction report.

 (2) The right of ownership does not arise if the attachment is void or if material conditions of the auction have been infringed and the court has declared the auction void. This applies regardless of whether or not the person who purchased the item of property at the auction was aware of the aforementioned circumstances.

 (3) The prerequisites provided by the Law of Property Act do not need to have been complied with for the right of ownership to arise – primarily, the claim stated in the enforceable title does not need to exist actually and the item of property sold at the auction does not need to belong to the debtor. This does not preclude the making of claims for compensation for unlawfully caused harm.

 (4) Where the acquiring party has paid the price of the auction but, due to the reasons mentioned in subsection 2 of this section, no right of ownership arose, they may make a claim against the party seeking enforcement on the grounds of unjustified enrichment. This does not preclude claims for compensation for unlawfully caused harm.

 (5) The right of pre-emption cannot be exercised at an auction.

§ 99.  Failure of an auction

 (1) The enforcement agent declares an auction to have failed, if:
 1) no participants appear at the auction or no written or electronic bids are submitted;
[RT I 2009, 68, 463 – entry into force 01.01.2010]
 2) no bid is submitted that would at least match the starting price;
 3) the winning bidder does not pay the purchase price, or one tenth of such a price, by the prescribed time;
 4) all bids are rejected.

 (2) When an auction fails, the security right on attached property that arose in favour of the party seeking enforcement remains in effect.

§ 991.  Suspension of auction due to interruption in auction environment

  If there is an interruption in the auction environment during the end phase of an auction, the auction is suspended for the duration of the interruption and continues after the interruption ends. The end time of the auction is extended by the period for which the auction was interrupted.

[RT I, 31.12.2012, 5 – entry into force 01.01.2013]

§ 100.  Repeat auction

 (1) Where an auction fails, the party seeking enforcement may require a repeat auction to be held.

 (11) If a repeat auction is organised, the enforcement agent selects either an electronic or an oral auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) A repeat auction is not held earlier than ten days after the first auction is declared to have failed, except in the situation provided for by subsection 4 of § 84 of this Code.

 (3) If the purchaser violates the obligation to pay, for the item of property purchased at the auction, the purchase price or one tenth of the purchase price, the item is immediately put up for a repeat auction. At an oral auction, the enforcement agent, when concluding the auction, informs the participants of the possibility of holding a repeat auction. In such a case, the agent does not have a right to reduce the price of the item at the repeat auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (4) An initial purchaser may not participate in a repeat auction held due to the circumstances mentioned in subsection 3 of this section. The deposit paid by such a purchaser is not refunded, and is transferred to the common part of the Chamber’s budget. The initial purchaser must also pay the difference between the price offered by them and the price offered at the repeat auction, if the price offered at the repeat auction is lower than the price offered by the initial purchaser. The debtor has a right to collect the aforementioned price difference from the initial purchaser.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]
[RT I, 27.06.2019, 2 – entry into force 21.06.2019 – by judgment of the Constitutional Review Chamber of the Supreme Court, the second sentence of subsection 4 of § 100 of the Code of Enforcement Procedure is declared unconstitutional and invalid insofar as the enforcement agent has no discretion in deciding, concerning the return of the deposit paid by a participant in an auction held as part of enforcement proceedings, on the proportion in which the deposit must be returned to the person who paid it and on the proportion that must be transferred to the common part of the budget of the Estonian Chamber of Enforcement Agents and Trustees in Bankruptcy.]

 (5) A repeat auction is conducted according to the rules set for the first auction. The enforcement agent may reduce the price of the items, but not more than by 25 per cent compared to the starting price of the previous auction, having asked the debtor and the party seeking enforcement or, in a situation provided for by subsection 1 of § 511 of this Code, the trustee in bankruptcy in the stead of the debtor, to state their opinion concerning the reduction. The price of the items may not be reduced by more than 70 per cent compared to their starting price at the first auction.
[RT I, 04.01.2021, 4 – entry into force 01.02.2021]

§ 101.  Sale of an item of property by another method

 (1) On an application of the party seeking enforcement and of the debtor, the enforcement agent may sell attached items of property using a method other than an oral or electronic auction, provided the auction has failed or it can be presumed that the item of property cannot be sold at an auction or the proceeds estimated from the item’s sale at an auction are significantly lower compared to the proceeds of a sale by another method.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) Where an auction has failed due to the obligation to pay the purchase price not having been complied with, the enforcement agent may sell property by a method other than an auction only if the repeat auction too has failed.

 (3) The enforcement agent serves a notice of intention to sell items of property by another method on the debtor and on the party seeking enforcement. Without the consent of a party, the agent may not sell the items before seven days have passed after service of the notice.

 (4) When selling by another method, the enforcement agent may reduce the property’s price, but not more than by 50 per cent compared to the price stated in the attachment notice, after requesting the opinion of the debtor and of the party seeking enforcement concerning the reduction.

 (5) The enforcement agent may sell an item of property to the party seeking enforcement. In such a case, a set-off is made with the claim of the party seeking enforcement and the purchase price is deemed to be paid by the debtor to the party seeking enforcement to the extent of the debt. If the purchase price is lower than or equal to the claim of the party seeking enforcement, the provisions of subsection 4 of § 93 of this Code apply to the set-off.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (6) With respect to the sale of an item of property by another method, the enforcement agent creates a report in the form approved by the Minister in charge of the policy sector. A copy of the report serves as the basis for recording the right of ownership in a register.

 (7) Unless otherwise provided by law, the provisions concerning legal consequences of an auction apply, accordingly, to the legal consequences of a sale by another method.

§ 1011.  Sale of an item of movable property of negligible value by another method

 (1) Where, according to the attachment notice, the price of an attached item of movable property does not exceed 100 euros and where it is impractical to hold an auction, the enforcement agent sells the item by another method. The agent may also arrange the sale of the item through a person whose usual business consists in the selling of items of property.

 (2) The enforcement agent issues a decision concerning the sale of items of property of negligible value by another method and serves it on the debtor and on the party seeking enforcement. Among other things, the agent states in the decision a list of the items of property to be sold by another method, the requirements for reducing the items’ price, the items’ minimum selling price and the place of sale.

 (3) Information concerning the sale of an item of movable property of negligible value by another method is published on the website of the Chamber at least three working days before the item is handed over for sale. The information contains, among other things, the name of the enforcement agent, a general description of the items to be sold and the place of sale.

 (4) The time limit mentioned in subsection 3 of this section does not apply if the item of property may become unfit for use.

 (5) When an item of movable property of negligible value is being sold by another method, the item’s price may be reduced every five working days by up to ten per cent compared to the price stated in the attachment notice. If the item is not sold, it is returned to the debtor. Items of property which cannot be returned to the debtor may be destroyed or given away for a charitable purpose.

 (6) The enforcement agent records, in the enforcement file, particulars concerning the name of the item of property sold, the details of the selling price, the time of the sale and the person through whom the agent arranged the sale.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

§ 102.  Sale of an item of property under supervision of the enforcement agent

 (1) On an application of the debtor and with the consent of the party seeking enforcement, the enforcement agent may allow the debtor themselves to sell an attached item of property under the supervision of the enforcement agent.

 (2) The enforcement agent may also allow the debtor to sell an item of property regardless of the consent of the party seeking enforcement if its auction has failed or if it may be presumed that the item cannot be sold at an auction or the proceeds estimated from the item’s sale at an auction are significantly lower compared to the proceeds of a sale arranged by the debtor. If the auction failed due to the obligation to pay the purchase price not having been complied with, the agent may only allow the debtor to sell items of property without the consent of the party seeking enforcement if the repeat auction too has failed.

 (3) The enforcement agent serves a notice on the party seeking enforcement concerning the debtor’s request to sell an item of property by another method, except where the party’s consent for such a sale is presented to the agent. The agent does not grant their consent to the debtor for the sale before seven days have passed after service of the notice on the party seeking enforcement, unless the party seeking enforcement responds to the notice earlier.

 (4) The enforcement agent does not allow the debtor to sell property at a price below that stated in the attachment notice. The agent takes steps to ensure that the proceeds of the item’s sale are paid into the agent’s official bank account.

 (5) The enforcement agent may consent to the sale of an item of property to the party seeking enforcement. In such a case, a set-off is made with the claim of the party seeking enforcement and the purchase price is deemed to be paid by the debtor to the party seeking enforcement to the extent of the debt. If the purchase price is lower than or equal to the claim of the party seeking enforcement, the provisions of subsection 4 of § 93 of this Code apply to the set-off.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (6) A sale of an item of property under supervision of the enforcement agent takes place in accordance with the rules prescribed by the Law of Obligations Act concerning the contract of sale. The agent grants their consent for the sale.

§ 103.  Passing of risk of accidental loss of a sold item of property and liability for the item’s defects

 (1) When an item of property is sold under enforcement procedure, the risk of accidental loss of such an item passes to the purchaser at the time when the item is handed over. As of such handing over, the purchaser bears all costs and encumbrances related to, and takes all benefits deriving from, the item.

 (2) When an item of property is sold under enforcement procedure, neither the enforcement agent nor the debtor is liable for any defects of the item. This does not preclude an eventual liability of the agent or debtor for unlawfully caused harm.

 (3) The provisions of subsections 1 and 2 of this section do not apply when an item of property is sold by the debtor under supervision of the enforcement agent.

§ 104.  Extinguishment of third parties’ property rights upon a sale

 (1) When the right of ownership is created regarding an item of property sold by the enforcement agent, any property rights that encumbered the item in favour of a third party are extinguished, unless otherwise provided by law. Any right of the party seeking enforcement that gave rise to the claim for whose fulfilment the item was levied on is also deemed to have been extinguished.

 (2) A third party’s property right in respect of the sold item is not extinguished if the holder of such a right and the purchaser so agree or if the right was created before the right which was the reason for enforcement proceedings.

 (3) When an item of property is sold by the debtor under supervision of the enforcement agent, the rights of third parties regarding the item are extinguished according to the provisions of the Law of Property Act.

Subchapter 3 Distribution of Proceeds between Parties Seeking Enforcement  

§ 105.  Distribution of the proceeds of a sale of items of property

 (1) The enforcement agent distributes the proceeds of a sale of items of property between the parties seeking enforcement and other persons entitled to a share of such proceeds in the order in which their security rights were created or according to an agreement between the parties seeking enforcement. For the purposes of distribution of proceeds, security rights that were created at the same time have the same ranking.

 (2) The enforcement agent transfers funds to the parties seeking enforcement and to other persons entitled to a share of the proceeds within ten working days following the funds’ being credited to the agent’s official bank account or, if there is a distribution plan, following approval of such a plan, but not before a mortgage which is to be recorded in the Land Register in order to secure an obligation to repay a loan granted by a credit institution for financing the purchase of an item of immovable property sold in enforcement proceedings is recorded in the Register.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 106.  Distribution of proceeds under a distribution plan

 (1) If the proceeds are not sufficient to satisfy all claims and the parties seeking enforcement are unable to reach an agreement concerning distribution of the funds, the enforcement agent arranges the distribution of such proceeds between the parties seeking enforcement that participate in the enforcement proceedings according to a distribution plan.

 (2) A distribution plan is created and proceeds are distributed based on the ranking of security rights. Enforcement costs are deducted from the proceeds to be distributed under the distribution plan.

 (3) Where, at the time when the distribution plan is created, it is unclear whether a purchaser must pay an additional amount under § 94 of this Code, such an amount is included in the distribution plan on a conditional basis, to be distributed later, when it has been received.

 (4) The enforcement agent serves the distribution plan on the parties seeking enforcement and informs them of their right to make a court claim for amending the plan, should they disagree with it.

§ 107.  Giving effect to a provisional and to a contingent claim

 (1) At the distribution of proceeds, a provisional claim is deemed to have become due and is subject to fulfilment.

 (2) If the claim does not include interest, the enforcement agent, according to § 94 of the Law of Obligations Act, deducts, from the amount of the claim, interest for the period starting with the date when proceeds are paid out and ending with the claim’s due date.

 (3) Where a claim is subject to a suspensive condition, the enforcement agent deposits the relevant amount in favour of the party seeking enforcement. The amount is deposited under conditions equivalent to those of the claim. The agent disburses the deposited amount to the entitled person provided the claim becomes due.

 (4) In a situation mentioned in subsection 3 of this section, the entitled person’s entitlement to the deposited amount is extinguished ten years following its deposition if the person has not presented themselves within that period to receive the deposited amount.

 (5) After expiry of the period provided for by subsection 4 of this section, the deposited amount is paid out to the person who was the owner of the item of property at the time it was sold. If the owner does not claim payment of the amount within one year after the right to claim it arose, the funds are transferred to the State budget.

§ 108.  Application by a person who is not the party seeking enforcement to satisfy the applicant’s claim from the proceeds

 (1) A pledgee or another person holding a priority right in respect of an item of property may, before the distribution of proceeds, make an application to the enforcement agent in which they request fulfilment of their claim from the proceeds on a priority basis, regardless of whether or not the claim has become due. Documents serving as proof of the right must be annexed to the application.

 (2) A person whose right is to be extinguished by compulsory enforcement may, before the sale of the item of property, make an application to the enforcement agent to be compensated out of proceeds for the extinguished right. Documents serving as proof of the right must be annexed to the application.

 (3) The enforcement agent transmits the application of the third party to the debtor and to the parties seeking enforcement together with the documents serving as proof of the right.

 (4) When distributing any proceeds and when creating the distribution plan, the enforcement agent takes the claim of a pledgee or of another person holding a priority right into account according to the right’s ranking, provided the applicant’s security right appears in a register on which members of the public may rely or provided the contract on which the pledge or other priority right is based has been authenticated by a notary.

 (5) The claim of the holder of a right which is to be extinguished by compulsory enforcement is taken into account by the enforcement agent based on the earlier ranking of such a right, provided the right has been proven before the sale. If the right did not appear in a register on which members of the public may rely, the claim is fulfilled after the claims of the parties seeking enforcement. If notification of the right has not been made at a proper time, the claim arising from the right is fulfilled after all other claims.

 (6) If the parties seeking enforcement and the debtor do not inform the enforcement agent before the distribution of the proceeds that they contest an application, the applicant’s claim is taken into account according to its ranking when distributing such proceeds or when creating a distribution plan.

 (7) If an applicant’s claim is not taken into account when distributing the proceeds or when creating a distribution plan, the enforcement agent explains to the applicant that it is possible to make a court claim to seek recognition of their claim. The court claim may be made within 15 days following the time when the applicant became aware of the decision not to take their claim account.

§ 109.  Contestation of a distribution plan and deeming such a plan approved

 (1) Within 15 days following service of a distribution plan, the party seeking enforcement may file a court claim contesting the distribution plan with the district court in whose judicial district the office of the enforcement agent conducting the distribution proceedings is located, naming as defendants the enforcement agent and any of the other parties seeking enforcement who are concerned.

 (2) The court may, for the duration of proceedings on the court claim, suspend the execution of the distribution plan insofar as it has been contested.

 (3) If, within 20 days following service of the distribution plan on the parties seeking enforcement, the enforcement agent has not received notification that a court claim contesting the distribution plan has been made, the plan is deemed to have been approved and the agent pays out the proceeds, having regard to the special rules provided by subsection 2 of § 105 of this Code.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (4) Where such relief is sought by the claimant, the court may amend the distribution plan or require the enforcement agent to create a new plan.

Chapter 7 LEVIES ON PECUNIARY RIGHTS  

Subchapter 1 General Provisions  

§ 110.  Application of provisions governing levies on movable property

  Unless otherwise provided for by this Chapter, the provisions governing levies on movable property apply to levies on pecuniary rights.

§ 111.  Levy on a claim

  In order to levy on a claim, the enforcement agent attaches the claim and directs the third party who owes an obligation to the debtor to perform the obligation to the enforcement agent for the benefit of the party seeking enforcement. In an attachment notice, the enforcement agent restrains the debtor from disposing of the claim, in particular from collecting the claim.

§ 112.  Claims that cannot be levied upon

 (1) Unless otherwise provided by law, a levy cannot be made on a claim that cannot be assigned.

 (2) A claim whose assignment is precluded or restricted by an agreement between the parties may be levied upon.

 (3) A claim which may not be assigned because the obligation cannot be performed to anyone else other than the existing creditor without changing the nature of the obligation may be levied upon provided the object owed can be attached.

 (4) A claim for compulsory portion of an estate may be levied on only if the debtor has concluded an agreement with – or has filed a court claim against – the heir or beneficiary for receiving the portion. The same applies to a donor’s claim for return of the gift and to a debtor’s claim for compensation for non-pecuniary harm.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

§ 113.  Attachment of a contingent claim and of a future claim

 (1) A contingent claim may be attached.

 (2) A future claim may be attached provided it can be sufficiently specified at the time of attachment.

§ 114.  Attachment notice concerning a claim

 (1) An attachment notice concerning a claim must contain the following particulars:
 1) the amount to be collected;
 2) a general description of the claim subjected to attachment;
 3) a reference to the enforceable title;
 4) a direction to perform the obligation to the enforcement agent instead of the debtor.

 (2) Where a future claim is attached, this must be stated in the attachment notice concerning the claim.

 (3) The enforcement agent serves the attachment notice on the third party who owes an obligation to the debtor. The agent serves the attachment notice on the debtor without delay after having served the notice on the third party.

 (31) The enforcement agent serves the attachment notice on a person who is a user of the Enforcement Register provided for by § 63 of this Act via that register.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

 (4) A claim has been attached when an attachment notice has been served on the third party who owes the obligation to the debtor.

 (5) Where the enforcement agent has sent, to a third party for execution, the notice by which the agent attached the claim, the notice is also deemed to be effective in respect of any claims that accrue to the debtor in the future. The attachment notice remains effective until the claim has been satisfied. When the claim has been satisfied, the enforcement agent revokes the notice without delay and notifies the revocation to the third party who owes the obligation to the debtor.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

§ 115.  Levy on the debtor’s account

 (1) A levy may be made on the debtor’s account, with the exception of an account opened under the Simplified Business Income Taxation Act insofar as such an account holds amounts reserved to cover business income tax. A credit or payment institution provides information to the enforcement agent concerning the existence or absence of such an account.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (2) An account is attached on the basis of the corresponding attachment notice to the extent indicated in such a notice. The money in the account – to the extent it has been attached under the attachment notice – is transferred to the enforcement agent’s official bank account except where the enforceable title is other than an interim relief order concerning a child’s claim for maintenance pending judicial proceedings. If, at the time of attachment, the amount in the debtor’s account falls short of that stated in the attachment notice, any amounts subsequently credited to the account are also deemed attached up to the amount of the shortfall. Any amounts credited to the account after attachment are transferred to the enforcement agent’s official bank account until the attachment notice has been complied with.

[RT I 2007, 25, 130 – entry into force 01.01.2008]

 (3) An attachment notice is transmitted to a credit or payment institution electronically via the information system whose use is obligatory for enforcement agents. An account is deemed attached when the credit or payment institution has received the corresponding electronic attachment notice. The enforcement agent transmits the attachment notice to the debtor without delay after having received information from the credit or payment institution concerning the imposition of electronic attachment.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (4) A credit or payment institution that does not use the Enforcement Register undertakes to accept attachment notices on paper or in a digitally signed form, and to arrange the execution of such notices without delay. If, at the time an account is attached, it does not have the funds needed to execute the attachment, the credit or payment institution notifies this to the enforcement agent without delay. The enforcement agent transmits the attachment notice to the debtor without delay after having learned of a partial or full execution of the notice.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

 (5) Where the enforcement agent has sent an attachment notice concerning the debtor’s account to a credit or payment institution for execution, such a notice is also deemed to be effective in respect of any future accounts to be opened by the debtor. Any account that is opened is attached as of its opening unless the opening of the account is verified electronically through the Enforcement Register provided for by § 63 of this Act.
[RT I, 09.04.2021, 1 – entry into force 01.01.2024]

 (51) A credit or payment institution may refuse to open an account for the debtor if an attachment notice received from an enforcement agent is being executed at the same institution regarding the debtor’s account.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (6) When the attachment notice has been complied with, the attachment of the person’s account is revoked. When the claim is satisfied, the enforcement agent revokes, without delay, all attachment notices issued to enforce it and notifies the revocation to each credit or payment institution to which an attachment notice was sent.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (7) The form of an attachment notice and the rules and technical requirements for electronic attachment are enacted by the Minister in charge of the policy sector.

§ 116.  Special rules for attaching a claim secured by a mortgage or by a real encumbrance

 (1) In order to attach a claim secured by a mortgage, in addition to effecting service of the corresponding attachment notice, an entry concerning attachment of the mortgage must be made in the Land Register on the basis of the attachment notice. The enforcement agent sends the attachment notice and the application to record a restraining note to the Land Registry Department.

[RT I 2010, 38, 231 – entry into force 01.07.2010]

 (2) Where an attachment notice has been served on a third party who owes an obligation to the debtor before the entry concerning the attachment is made, the attachment operates in respect of the person as of the time of the service.

 (3) Unless otherwise provided by law, the provisions of subsections 1 and 2 of this section also apply to a levy on a real encumbrance and to attaching a claim secured by a maritime mortgage or a security right recorded in the Register of Civil Aircraft.

§ 117.  Explanations of a third party who owes an obligation to the debtor

 (1) On an application of the party seeking enforcement, the enforcement agent imposes, on a third party who owes an obligation to the debtor, the obligation to inform the enforcement agent, within a time limit set by the enforcement agent, whether:
 1) they recognise the existence of the debtor’s claim and are prepared to perform the obligation;
 2) any other persons have filed claims regarding the claim, and what the substance of such claims is;
 3) the debtor’s claim has already been attached for the benefit of other parties seeking enforcement, and what the substance of their claims is.

 (2) A third party who owes an obligation to the debtor is liable for any harm that is caused to the party seeking enforcement due to the third party’s failure to perform the obligation to inform the enforcement agent.

 (3) The enforcement agent transmits any information they have received to the party seeking enforcement without delay.

§ 1171.  Obligation of a third party to provide information in relation to a cash transaction

 (1) Where, under a statute or a regulation, the person must be identified before a monetary obligation owed to them is performed, and where performance of such an obligation is to be made in cash and its amount exceeds 5000 euros, the person subject to the duty to identify must, as a preliminary matter, establish whether they are dealing with a maintenance debtor. If this is the case, the person subject to the duty to identify refuses to perform their obligation to the maintenance debtor and, without delay, notifies the enforcement agent who is conducting proceedings on the maintenance claim of the debtor’s claim against them.

 (2) In a situation mentioned in subsection 1 of this section, a person subject to the duty to identify may perform their monetary obligation to a maintenance debtor, provided the enforcement agent has not attached the corresponding claim within five days of the sending of the notice.

 (3) Where, regardless of the provisions of subsections 1 and 2 of this section, a person subject to the duty to identify performs a monetary obligation to a maintenance debtor in cash, the obligation that such a person owes to the maintenance debtor is deemed not to have been performed, and the enforcement agent may require, by means of an attachment notice, that the person perform the monetary obligation to the enforcement agent’s official bank account for the benefit of the party seeking enforcement of a maintenance claim.

 (4) The obligation provided for by this section does not apply to a credit institution within the meaning of the Credit Institutions Act.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 118.  Collecting a claim from a third party

 (1) When a claim is attached, the party seeking enforcement has a right to require that a third party who owes performance of the corresponding obligation to the debtor perform such an obligation to the enforcement agent, for the benefit of the party seeking enforcement; this also includes the right to file a court claim against the third party who owes an obligation to the debtor. Where enforcement is sought by several parties, each party may file a court claim to require performance of the attached claim for the benefit of all such parties.

 (2) The debtor must provide, to the party seeking enforcement, the information necessary to collect the debtor’s claim together with any documents relating to the claim. In order to obtain such information, the party seeking enforcement may apply for the debtor to be required to take an oath and, in order to obtain such documents, apply for any enforcement operations required for the reclamation of an item of movable property to be performed by the enforcement agent.

 (3) The party seeking enforcement who has filed a court claim against a third party who owes an obligation to the debtor to obtain performance of the claim must, in proceedings before the court, make a motion for the debtor to be added to the proceedings as a third party, except where the residence or seat of the debtor is outside the Republic of Estonia and the debtor does not have a representative in Estonia or where adding the debtor would have to be effected by service by public notice.

 (4) The debtor may require the party seeking enforcement to compensate for any harm arising from a delayed filing of a court claim or from failure to join the debtor to proceedings as a third party.

§ 1181.  Compulsory enforcement of a child’s claim for periodic maintenance payments: levy on a monetary obligation performed to a third party

  [RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (1) Where the monetary obligation that was or the total of such obligations that were performed on behalf of the debtor to a third party exceeds the amount that, by law, constitutes the debtor’s non-attachable earnings, the enforcement agent may, when enforcing the child’s claim for periodic maintenance payments, require the third party, by an attachment notice, to reverse such performance by transferring the corresponding amount to the agent’s official bank account for the benefit of the party seeking enforcement of the claim.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (2) Under subsection 1 of this section, a third party may be required to reverse the performance, made towards a monetary obligation, of an amount that exceeds non-attachable earnings as provided for by law in respect of the debtor. The third party is under a duty to reverse the performance of any monetary obligations that are performed to that party on behalf of the debtor following service of the attachment notice mentioned in subsection 1 of this section.

 (3) When, under subsection 1 of this section, the enforcement agent attaches a monetary obligation performed to a third party, such an obligation is deemed not to have been performed to the third party.

 (4) Subsection 1 of this section does not apply where the obligation is performed on behalf of the debtor by a third party who is a joint and several debtor or has provided a security for the obligation.

 (5) Taxes and contributions to the mandatory funded pension, health insurance and unemployment insurance schemes are not subject to attachment under subsection 1 of this section.

[RT I, 12.03.2015, 4 – entry into force 01.03.2016]

§ 119.  Distributing the proceeds of a levy on a monetary claim

 (1) Where several enforcement agents have attached a monetary claim for the benefit of several parties seeking enforcement, the third party who owes the obligation to the debtor, including any credit institution, pays money to the agents in the order of arrival of their attachment notices. An attachment notice issued on the basis of a child’s claim for maintenance is deemed to have arrived as the first regardless of its time of arrival.

[RT I 2007, 25, 130 – entry into force 01.01.2008]

 (2) Where money received from the claim is not sufficient to satisfy all enforceable claims that have been filed, the enforcement agent distributes it following the chronological order of the relevant attachment notices according to the rules prescribed for distributing the proceeds of the sale of movable property.

§ 120.  Provisional attachment of the claim

 (1) The party seeking enforcement may, prior to the imposition of attachment, have the enforcement agent serve, on the basis of an enforceable title, on the debtor and on a third party who owes an obligation to the debtor a notice to the effect that, due to the envisaged attachment, the third party who owes an obligation to the debtor is not to make payments to the debtor and the debtor is not permitted to dispose of the claim, in particular collect the claim.

 (2) A notice of provisional attachment served on a third party who owes an obligation to the debtor has the same legal consequences as an attachment imposed in the course of enforcement proceedings, provided attachment of the claim ensues within 30 days following service of the notice.

§ 121.  Other methods of levy on a claim

 (1) Where a claim that has been attached is contingent or its performance has been deferred, or if collection of the claim is complicated due to a counterclaim or for other reasons, the enforcement agent may, on an application of the party seeking enforcement or of the debtor, make a levy on such a claim by a method other than requiring a third party in respect of the debtor to perform the obligation. The agent may sell such a claim.

 (2) The enforcement agent serves an application for levy by another method on the party seeking enforcement or on the debtor, except where the counterparty’s consent regarding such a levy is presented to the agent. The agent does not decide on such a levy before eight days have elapsed following service of the notice on the applicant’s counterparty, unless the counterparty has responded to the notice earlier.

§ 122.  Special rules for levying on a claim for surrender of possession or ownership of an item of movable property

 (1) Where a claim for surrender of possession or ownership of an item of movable property has been attached, the item must be handed over to the enforcement agent.

 (2) When an item of movable property is handed over to the enforcement agent, a security right arises, by virtue of attachment, in respect of the item for the benefit of the party seeking enforcement.

 (3) Where a claim for the transfer of possession of an item of movable property or of the right of ownership is attached for the benefit of several parties seeking enforcement, a third party who owes an obligation to the debtor surrenders the item to the enforcement agent who was the first to serve an attachment notice on that party. If the party who owes an obligation to the debtor does not surrender the item to the agent, the party seeking enforcement has a right to make a court claim for surrender of the item.

 (4) The sale of a surrendered item of property and the distribution of any proceeds from such a sale is subject to the provisions regarding the sale of attached items of property.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 123.  Special rules for levying on a claim for surrender of possession or ownership of an item of immovable property

 (1) When a claim for surrender of possession or ownership of an item of immovable property is attached, the property is to be surrendered to the enforcement agent or to a third party designated by the agent, or to be left in the possession of the third party who owes an obligation to the debtor.

 (2) When a claim for surrender of possession of an item of immovable property or of the right of ownership is attached for the benefit of several parties seeking enforcement, the third party who owes an obligation to the debtor surrenders the property to the enforcement agent or surrenders it into the possession of a third party who has been designated by the agent and who is the first to serve the attachment notice on the obligated third party.

 (3) A provisional note for the benefit of the party seeking enforcement is recorded in the Land Register on the basis of a unilateral written application of the enforcement agent.

 (4) A levy on an item of immovable property is made according to the rules governing such levies. If a person who owes an obligation to the debtor does not hand over such property, the party seeking enforcement has a right to make a court claim to obtain the handing over of the property.

 (5) The provisions of subsections 1–4 of this section also apply when a levy is made on a claim for handing over of possession or ownership of a ship registered in the Register of Ships or of an aircraft registered in the Register of Civil Aircraft.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 124.  Levy on securities

 (1) In order to attach any securities listed in § 2 of the Securities Register Maintenance Act, the enforcement agent directs the Registrar to record a note restraining any disposal of the rights and obligations involved. A security is attached when it has been rendered unusable in the Register. Having received a direction to attach, the Registrar is required to arrange, without delay, the rendering of the security unusable.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]

 (2) Having transmitted the direction, the enforcement agent must, without delay, serve a notice concerning the attachment of securities on the debtor.

 (3) Where a security exists in the form of a paper document, the enforcement agent takes the security into their possession from the debtor.

 (4) The enforcement agent sells any securities according to the provisions regarding levies on movable property. The agent may register a registered security in the name of the purchaser, and file any applications required to achieve this, in the stead of the debtor.

 (5) The enforcement agent presents a bill of exchange, a cheque or a bond for payment provided this is possible under the security’s terms.

 (6) In order to sell any securities registered with the Registrar, the enforcement agent presents a direction to the Registrar to transfer the securities that are subject to attachment to the agent’s professional securities account. Such a direction is communicated to the Registrar by post or, where the necessary technical conditions and a respective agreement are in place, electronically via a system that the enforcement agent is under an obligation to use. The Registrar executes the direction by debiting the securities account of the debtor and crediting the securities account of the agent accordingly.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]

 (7) Any securities that are transferred to the enforcement agent’s official securities account are sold by the agent according to the provisions governing levies on movable property; the securities are transferred to a purchaser by means of a transfer of securities provided for by the Securities Register Maintenance Act. The agent may also sell, on a stock exchange or in a regulated securities market, any securities that are listed on such an exchange or admitted for trading in such a market, taking account of the requirements concerning the conduct of transactions and concerning settlement that are provided by the regulations of the exchange or market.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]

 (8) The law may provide for securities that cannot be levied upon.

§ 125.  Levy on a share in a private limited company

 (1) If a share of a private limited company is not registered in a register maintained by the Central Securities Depository, the share is deemed to be attached according to the rules provided for the attachment of movables. The enforcement agent informs the management board of the private limited company of the attachment.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]

 (2) The enforcement agent sells a share of a private limited company according to the provisions governing levies on movable property.

 (3) The enforcement agent who sells a share sends a notice concerning transfer of the share, in the form established by the Minister in charge of the policy sector, to the Registrar of the Commercial Register within two days following the auction.

[RT I 2009, 51, 349 – entry into force 15.11.2009]

§ 1251.  Levy on a membership in a building association

 (1) A membership in a building association is deemed to be attached according to the rules prescribed for the attachment of movable property. The enforcement agent informs the management board of the building association and the Registrar of the Register of Non-Profit Associations and Foundations of the attachment.

 (2) The enforcement agent sells a membership in a building association according to the provisions governing levies on movable property.

 (3) The enforcement agent who sells a share sends a notice concerning transfer of the membership, in the form established by the Minister in charge of the policy sector, to the building association and the Registrar of the Register of Non-Profit Associations and Foundations within two days following the auction.

[RT I 2009, 51, 349 – entry into force 15.11.2009]

§ 126.  Levy on a partner’s share in partnership property

  In order to levy on a partner’s share in partnership property, the party seeking enforcement must cancel the partnership contract according to the rules provided by the Law of Obligations Act. The contract having been cancelled, a levy can be made on the share belonging to the partner when partnership property is distributed.

§ 127.  Levy on an inalienable right

 (1) Unless otherwise provided by law, a levy may be made on an inalienable right by a method determined by the enforcement agent, provided the exercise of the right can be assigned to another person.

 (2) When conducting compulsory enforcement of a right of use, the enforcement agent may order the right’s administration. In such a situation, attachment is carried out by the property in use being handed over to the administrator, unless this has already been effected by a judicial disposition.

§ 128.  Levy on an author’s pecuniary rights

  Enforcement proceedings are permitted in respect of an author’s pecuniary rights provided the author has exercised such rights and a work has been published with the author’s consent. Assignment of pecuniary copyright to a third party is also deemed an exercise of such a right, regardless of whether a third party has commenced to exercise the right.

§ 129.  Levy on other pecuniary rights

 (1) Where, at the time a right is attached, there is no third party obligated to perform to the debtor or such a group of third parties cannot be determined exactly, the attachment is valid from the time of service on the debtor of the attachment notice restraining the debtor from disposing of the right, unless otherwise provided by law.

 (2) Where a right appearing in a public register is subjected to a restraint, a note restraining disposal of the right is recorded in the register.

Subchapter 2 Special Rules for the Attachment of Earnings  

§ 130.  Attachment of earnings

 (1) The security right acquired when attaching a claim for the payment of remuneration for work or another similar claim for payment of earnings also extends to amounts which become due after attachment.

 (11) Earnings are deemed to consist, in particular, of the debtor's remuneration or other similar payments, of any daily allowances, non-competition fees or fees for assignment of intellectual property rights or for granting the use of such rights, of any pension or dividends, or of any goods, services, remuneration in kind or benefits that have a monetary value that the person received in connection with an employment or a service relationship, a membership in any management or oversight body of a legal person or with a long-term contractual relationship.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (12) The value of any goods, services, remuneration in kind or any benefits which have a monetary value and which the person received in connection with an employment or a service relationship, a membership in any management or oversight body of a legal person or with a long-term contractual relationship is the market price of such benefits.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (13) Where the monetary remuneration that the debtor receives during their employment or service relationship, during their membership in a management or oversight body of a legal person or on the basis of a long-term contractual relationship does not exceed the non-attachable share of earnings provided for by § 132 of this Code – if the debtor receives a benefit mentioned in subsection 12 of this section, the enforcement agent may attach any remuneration paid to the debtor in cash, deeming the value of such other benefit to constitute a part of the remuneration paid to the debtor.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (14) Before attaching, under subsection 13 of this section, a cash remuneration to an extent that leaves the debtor with an amount of such remuneration that falls below the amount of non-attachable earnings provided for by § 132 of this Code, the enforcement agent hears the debtor and the debtor’s employer or other contract partner and, if necessary, the party seeking enforcement.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (15) The enforcement agent may require the debtor’s employer and any other persons who owe an obligation to the debtor to provide information which is required for the purposes of enforcement proceedings concerning the debtor’s other earnings provided for by subsection 11 of this section. The third party is under a duty to provide such information unless they are authorised by law to refuse its provision.

[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

 (2) The attachment of remuneration or of an official salary also extends to earnings that the debtor is entitled to in connection with being reassigned to another job or position or in connection with an increase in their remuneration or salary.

 (3) Where the debtor commences employment with the same employer within six months following termination of their employment or service relationship, an earlier attachment notice is deemed to be valid in respect of the employer.

 (4) When attaching any earnings, the attachment is not deemed to extend to any taxes or contributions to a mandatory funded pension scheme, to a health insurance scheme or to an unemployment insurance scheme.

§ 131.  Earnings that cannot be levied upon

 (1) The following earnings may not be levied upon:
 1) a state family allowance;
 2) social benefits for disabled persons;
 3) social benefit within the meaning of the Social Welfare Act;
 4) [Repealed – RT I, 03.04.2018, 3 – entry into force 01.07.2018]
 5) unemployment allowances, grants, transport and accommodation benefits and business start-up subsidy paid through the Estonian Unemployment Insurance Fund;
 6) compensation paid for causing of a bodily injury or health disorder, except compensation for loss of earnings and compensation for non-pecuniary harm;
 61) a work ability allowance;
[RT I, 13.12.2014, 1 – entry into force 01.07.2016 (entry into effect changed – RT I, 17.12.2015, 1)]
 62) compensation for victims of criminal offences;
[RT I, 06.01.2023, 1 – entry into force 01.04.2023]
 7) statutory maintenance;
 8) [Repealed – RT I, 26.10.2018, 1 – entry into force 01.09.2019]
 9) health insurance benefit within the meaning of the Health Insurance Act, except benefits for temporary incapacity for work;
 10) State pension to the extent provided by law;
 11) allowance on discharge from prison;

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]
 12) a repressed person’s allowance paid under the Persons Repressed by Occupying Powers Act.
[RT I, 03.04.2018, 3 – entry into force 15.04.2018]

 (2) Where levies on the debtor’s other property have not led to or presumably will not lead to complete satisfaction of the claim of the party seeking enforcement and if attachment is fair taking account of the type of the claim and the amount of the earnings, a levy may be made on the earnings mentioned in clauses 6–7 of subsection 1 of this section on an application of the party seeking enforcement. Where this is possible, the enforcement agent hears the debtor before making the corresponding decision.
[ RT I, 26.10.2018, 1 – entry into force 01.09.2019]

§ 132.  Portion of earnings that cannot be levied upon

 (1) Earnings are not attached if they do not exceed the minimum monthly salary or a corresponding proportion of earnings for a week or day.

 (11) Where making a levy on the debtor’s other property has not led, or presumably will not lead, to complete satisfaction of the child’s claim for periodic maintenance payments, up to one half of the earnings mentioned in subsection 1 of this section may be attached. Where the amount attached out of the debtor’s earnings to satisfy the child’s claim for such payments is less than one half of the amount mentioned in subsection 1 of this section, up to one third of the debtor’s earnings may be attached.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (12) Where making a levy on the debtor’s other property has not led, or presumably will not lead, to complete satisfaction of the claim, attachment may be imposed, for each month – regardless of the number of enforcement cases that are being handled in respect of the debtor – on up to 20 per cent of earnings which do not exceed those mentioned in subsection 1 of this section and from which the estimated subsistence minimum published by Statistics Estonia has been deducted. Earnings are not attached if they fall below the estimated subsistence minimum. The provisions of this section do not apply to enforcement of a child’s claim for maintenance payments.
[RT I, 31.05.2018, 2 – entry into force 10.06.2018]

 (13) If the debtor has dependants, the 20 per cent mentioned in subsection 12 of this section are calculated based on the debtor’s earnings less the amount not subject to attachment pursuant to subsection 2 of this section per each dependant and the estimated subsistence minimum published by Statistics Estonia has been deducted.
[RT I, 31.05.2018, 2 – entry into force 10.06.2018]

 (14) By 1 February each year, in the publication Ametlikud Teadaanded, Statistics Estonia publishes the estimated amount of the subsistence minimum in euros based on the data for the previous year.
[RT I, 31.05.2018, 2 – entry into force 10.06.2018]

 (2) Where, by law, the debtor maintains another person or pays maintenance to such a person, the non-attachable amount increases by one third of the minimum monthly salary per each dependant, except where compulsory enforcement is conducted in respect of a child’s claim for maintenance.

[RT I 2007, 25, 130 – entry into force 01.01.2008]

 (3) Where earnings exceed the non-attachable amount, up to two thirds of an amount equivalent to five times the minimum salary, and the total of earnings exceeding that amount, may be attached, provided the amount to be attached does not exceed two thirds of the total earnings. This provision does not apply when compulsory enforcement is conducted in respect of a child’s claim for maintenance.

[RT I 2007, 25, 130 – entry into force 01.01.2008]

§ 133.  Releasing the attachment imposed on earnings

  [RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (1) In the attachment notice, the enforcement agent states that an amount equal to the minimum monthly salary is exempt from attachment on a monthly basis and states, based on information known to them concerning the debtor’s dependants, the amount to be exempted. On an application of the debtor, the agent releases the attachment, within three working days, to an extent that leaves the debtor with the exempted amount of earnings, having regard to the restrictions provided by §§ 131 and 132 of this Code.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (11) Where a sum of earnings covering more than one month is transferred to the debtor’s account, the enforcement agent is required, on an application of the debtor, within three working days to release the attachment imposed on the account to an extent that leaves the debtor with the exempted amount of earnings for each prepaid month, having regard to the restrictions provided by §§ 131 and 132 of this Code. Where it is not possible to determine the period during which the earnings are meant to be used, the agent arranges for the debtor to be left with the exempt amount for one month.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) Until disposing of the application, the enforcement agent may suspend any transfers of funds from the attached account to parties seeking enforcement and to release the attachment imposed on the account to the extent required to provide for subsistence maintenance of the debtor or a member of the debtor’s family.

§ 134.  Changes in circumstances on which calculation of earnings is based

 (1) When circumstances based on which the portion of earnings that cannot be levied upon is calculated, the enforcement agent, on an application of the debtor or of the party seeking enforcement, amends the attachment notice accordingly.

 (2) Until they are served with the amended notice, a third party who owes an obligation to the debtor may perform the obligation according to the earlier notice.

§ 135.  Levy on concealed earnings

 (1) Where a person for whom the debtor works under an employment contract, or to whom they provide a service, is obligated to pay money to a third party or to perform, to such a party, an operation which, due to the nature of their relationship, may be construed as a full or partial payment for the work performed under the employment contract, or for the service provided, by the debtor, the claim of the third party may be attached, similarly to any claim of the debtor, on the basis of the enforceable title issued concerning the debtor. Attachment of the debtor’s claim for payment also extends to any third-party claim against a third party who owes an obligation to the debtor. The attachment notice must be served on the third party and on the debtor.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (2) [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

 (3) In a situation mentioned in subsection 1 of this section, the enforcement agent attaches a claim based on the information provided by the party seeking enforcement. A third party may file a court claim for release of attachment imposed on the property or for a declaration of impermissibility, for other reasons, of compulsory enforcement in the case. The court claim is made against the party seeking enforcement.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 136.  Taking earnings into account when distributing funds between parties seeking enforcement

 (1) In a distribution plan, earnings are taken into account inclusive of any amounts which will become due in the future.

 (2) Within five working days following a portion of the earnings falling due, the enforcement agent pays out, from the deposited sum, the amount allocated to the party seeking enforcement.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

Chapter 8 LEVIES ON IMMOVABLE PROPERTY  

Subchapter 1 General Provisions  

§ 137.  Application of provisions governing levies on movable property

  Unless otherwise provided for by this Chapter, the provisions governing levies on movable property apply to levies on immovable property.

§ 138.  Application of provisions to rights deemed equivalent to an item of immovable property and to ships and aircraft

 (1) Unless otherwise provided for by law, the provisions of this Chapter also apply to enforcement proceedings regarding rights deemed equivalent to an item of immovable property and to aircraft entered in the Estonian Register of Civil Aircraft. The provisions of this Chapter apply to ships entered in the Register of Ships subject to special rules prescribed by the Law of Maritime Property Act.

 (2) A levy may only be made on a share in an item of immovable property or on a right deemed equivalent to such an item if the share is a legal share of a co-owner or if the claim of the party seeking enforcement is based on a right encumbering the legal share.

§ 139.  Extent of a levy on immovable property

  Unless otherwise provided by law, a levy on an item of immovable property also extends to any objects that would be captured by a mortgage.

§ 140.  Levy on immovable property

 (1) In order to enforce a claim of the party seeking enforcement, a levy may be made on an item of immovable property, provided the debtor is recorded in the Land Register as the item’s owner, or is a universal successor of an owner recorded in the Register.

 (2) The party seeking enforcement must present to the enforcement agent a reference to the Land Register.

[RT I, 21.06.2014, 8 – entry into force 01.01.2015]

 (3) Where an item of immovable property has passed to a universal successor, documents proving universal succession must be presented.

§ 141.  Levy on several items of immovable property

  In order to levy on several items of immovable property, single proceedings may be conducted where such an approach is taken due the fact of a single claim having been filed against the debtor or of a right encumbering several immovables or due to a claim for which the owners of the items are liable as joint and several debtors.

Subchapter 2 Attachment  

§ 142.  Attachment of immovable property

 (1) In order to attach an item of immovable property, the enforcement agent makes a list of the item and its accessories as well as of any other objects that would be captured by a mortgage, restrains the making of disposals concerning the item, its accessories and other objects that would be captured by a mortgage, and causes a note restraining disposal of the item to be entered in the Land Register.

 (2) Where attachment also captures a claim that the owner of the item of immovable property has against a third party, the enforcement agent, on an application of the party seeking enforcement, restrains the third party who owes an obligation to the debtor from satisfying such a claim.

 (3) When an item of immovable property is attached, no right of security in respect of the item arises by virtue of the attachment.

§ 143.  Notice of attachment of an item of immovable property

  The notice of attachment of an item of immovable property states the following:
 1) the enforceable title on which the enforceable claim is based;
 2) information concerning the property in the Land Register;
 3) accessories and essential parts of the property;
 4) the price of the property;
 5) the dimensions of any buildings, the number and purposes of any rooms.

§ 144.  Appraisal of immovable property

 (1) When appraising an item of immovable property, the enforcement agent takes into account any rights recorded in the Land Register prior to the restraining note according to the substance of the corresponding entries in the Register.

 (2) When performing an appraisal, any rights appearing in the Land Register as the subject matter of a provisional note or as an objection are taken into account as rights recorded in the Land Register.

§ 145.  Entry of a restraining note in the Land Register

 (1) Having created an attachment notice concerning an item of immovable property, the enforcement agent, without delay, sends to the Land Registry Department a copy of the enforceable title and a unilateral application to record a note restraining disposal of the item in the Land Register.

 (2) Having recorded the restraining note in the Register, the Land Registry Department sends an extract of the register part and copies of the documents that serve as a basis for the entries and that contain the particulars of the residence or seat of any persons reflected in those entries, and of their representatives, to the enforcement agent.

 (3) The Land Registry Department notifies the enforcement agent of any application that has been filed with the Department before prior to reception of the application for a restraining note and transmits copies of any documents serving as a basis for the entry applied for.

 (4) Where a delay caused by service of the enforcement notice may materially jeopardise attainment of the objectives of compulsory enforcement, the enforcement agent may also attach the debtor’s immovable property, or have a restraining note recorded in the Register, prior to sending the enforcement notice.

§ 146.  Extent of attachment

 (1) Accessories of an item of immovable property cannot be attached as movable property. Other objects which would be captured by a mortgage may be attached as movable property if they have not been attached together with the item.

 (2) Attachment of an item of immovable property extends to any agricultural and forestry produce generated by the item, as well as to any claims arising from having insured such produce, provided the produce is still permanently attached to the land or constitutes an accessory of the item.

 (3) Attachment of an item of immovable property does not extend to lease and commercial lease claims or claims arising in relation to recurring payments related to ownership of immovable property, particularly claims for payment of the fee for the right of superficies or claims for payments secured by a real encumbrance.

 (4) Attachment of an item of immovable property does not restrict the right of a commercial lessee to take the fruit of the item.

 (5) When an order of compulsory administration is made in respect of an item of immovable property, attachment also extends to any property provided for by subsections 2–4 of this section.

§ 147.  Provision for regular management

 (1) On attachment, an item of immovable property remains in the possession of the debtor, to be administered and used by the debtor within the scope of regular management – except where an order of compulsory administration is made in respect of the item.

 (2) If it may be presumed that the debtor poses a risk to the regular management of the item of immovable property or will do so in the future, the court, on an application of the party seeking enforcement, orders a measure that is needed to eliminate such a risk. Above all, the measure may take the form of appointing a supervisor or a compulsory administrator to the item of immovable property.

 (3) A supervisor monitors the performance of the debtor’s obligations and informs the enforcement agent of any violation of such obligations. When a supervisor is appointed, the court sets a reasonable remuneration for them which is charged to the costs of enforcement.

 (4) The rights and obligations of a compulsory administrator are governed by the provisions of this Code concerning compulsory administration.

§ 148.  Validity of attachment

 (1) Attachment is deemed to be valid from the time of service of the attachment notice on the debtor or from the time the restraining note is recorded in the Land Register, should this take place before the notice is served on the debtor.

 (2) Where attachment extends to a claim of the owner of an item of immovable property against a third party and the enforcement agent prohibits the third party from making payments to the debtor, the attachment is deemed to be effective regarding the third party from the time that the person becomes aware of the attachment or after they are served with a document restraining them from satisfying the claim. The enforcement agent may arrange provisional attachment of the claim.

§ 149.  Joining compulsory enforcement proceedings

 (1) Where an application for a levy on an item of immovable property is made after the attachment of the item for the benefit of another party seeking enforcement, the enforcement agent makes a decision to permit the person who made the application to participate in the proceedings. The agent does not create a second attachment notice or enter a second restraining note in the Land Register.

 (2) Unless otherwise provided by law, the party seeking enforcement who joined the proceedings has the same rights as the party seeking enforcement based on whose application the item of immovable property was attached.

 (3) Where, after a person joins compulsory enforcement proceedings, the proceedings are terminated without having arranged a sale of the immovable property, the enforcement agent who conducted proceedings in the enforcement case notifies the termination to the person who made the application to join. Where such an application was made by several parties seeking enforcement, the agent notifies the termination of enforcement proceedings to the applicant who was the first, in time, to join.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (4) The enforcement agent who conducted proceedings in the enforcement case transmits any applications to join compulsory enforcement proceedings as well as any decisions mentioned in subsection 1 of this section to the agent who attached the immovable property. A party seeking enforcement is deemed to have joined in compulsory enforcement in the proceedings in which the property was attached, provided they have not abandoned their joining. The order in which the applications to join were made does not change.
[RT I, 09.04.2021, 1 – entry into force 19.04.2021]

§ 1491.  Special rules for attaching apartment ownership rights

 (1) Where the enforcement agent attaches apartment ownership rights and the party seeking enforcement is not the apartment association, the agent, once a restraining note has been recorded in the Land Register, sends a notice concerning the attachment to the apartment association without delay.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (11) Where the enforcement agent attaches apartment ownership rights and the party seeking enforcement is the apartment association, the agent, once the restraining note has been recorded in the Land Register, sends a notice concerning the attachment to all holders of limited real rights in the item of immovable property without delay. Where the apartment association joins the enforcement proceedings, the agent, once the association has been added to the proceedings, sends a corresponding note to all real right holders without delay.
[RT I, 23.12.2022, 1 − entry into force 01.02.2023]

 (2) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (3) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (4) Within ten days after the receipt of the notice specified in subsection 1 of this section, the apartment association must submit to the enforcement agent the management plan of the association as well as documentation with the following information:
 1) the amount of the claim arising from the apartment ownership rights which has fallen due up to three months before the restraining note was recorded in the Land Register, and the information which allows the justification for the claim to be verified;
 2) the basis for further accounting of the management costs.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

Subchapter 3 Sale under Enforcement Procedure  

§ 150.  Substantive scope of compulsory auction

 (1) The substantive scope of a compulsory auction extends the item of immovable property as well as any objects which have been attached together with such property and whose attachment remains valid during the auction.

 (2) The substantive scope of the auction also extends to any accessories of the property that belong to a third party but are in the debtor’s possession are also the objects of a compulsory auction, except where the third party has, by the time the auction is held, achieved release of the attachment imposed on the items in question, and has informed the enforcement agent of such release.

§ 151.  Separate and joint tender of items of immovable property

 (1) Items of immovable property to be sold in the course of the same enforcement proceedings are auctioned separately.

 (2) Where items of immovable property are encumbered with the same right, each party to proceedings may require such items to be auctioned together. Items may be auctioned together if, in the opinion of the enforcement agent, a joint offering will result in greater proceeds or save enforcement costs.

§ 152.  Exclusion of movable property from an auction of immovable property

  At the proposal of the party seeking enforcement, the enforcement agent may determine that an item of movable property is to be excluded from the auction of an item of immovable property, and is to be sold in accordance with the provisions governing levies on movable property, provided that selling the item by such a method may be presumed to result in a higher selling price or if selling the item separately is reasonable due to other considerations.

§ 153.  Notification of an auction

 (1) The announcement of an auction of an item of immovable property states, among other things:
 1) the number of the register part of the property;
 2) the location and size of the property;
 3) the name of the owner of the property entered in the Land Register;
 4) the name of the universal successor of the owner who is recorded in the Land Register, such a successor being the debtor;
 5) any ascertained rights of third parties that encumber the property, together with their ranking and other restrictions on ownership of the property;
 6) a call to the public to inform the enforcement agent, before the auction, of any rights not registered in the Land Register by the time of registration, in that register, of the restraining note and, at the request of the party seeking enforcement, to substantiate such rights.

 (2) Unless the court determines otherwise, the period of time between, on the one hand, the publication of an auction’s announcement and an auction’s notice and, on the other hand, the auction, must be at least 20 days. An auction’s announcement is published in the publication Ametlikud Teadaanded and, on the Internet, in at least one of the portals commonly used to advertise selling offers concerning immovable property. The enforcement agent may also publish an announcement in a newspaper that is circulated in the locality in which the auction is to be held. At the request of the party seeking enforcement or of the debtor and at their expense, the enforcement agent publishes the announcement also in another publication. In an announcement published on the Internet, the agent also includes photographs of the property.

[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

§ 1531.  Special rules for an auction of apartment ownership rights

 (1) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (2) [Repealed – RT I, 13.03.2014, 3 – entry into force 01.01.2018]

 (3) Before the auction, the apartment association presents an additional certificate to the enforcement agent concerning any amounts that have accrued under any claims that arise from the apartment ownership rights and that have become due after the enforcement application was made or after the certificate mentioned in subsection 4 of § 1491 of this Code was presented but before the auction is held.
[RT I, 13.03.2014, 3 – entry into force 01.01.2018]

§ 154.  Written bid

 (1) A person who wishes to buy an item of immovable property at an oral auction may, until the beginning of the auction, present a written bid to the enforcement agent which states the particulars mentioned in subsection 1 of § 86 of this Code as well as the number of the register part and the location of the property.

 (2) A written bid must be presented in a sealed envelope bearing the inscription enampakkumine [auction] and a reference to the item being auctioned. The envelope is opened at the oral auction.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 155.  Passing of risk of accidental loss of immovable

  The risk of loss concerning an item of immovable property and any objects sold together with such an item passes to the purchaser at an auction when the purchaser’s bid is declared to be the winner. As of the moment of such declaration, the purchaser bears all costs and encumbrances and takes all benefits related to the purchase.

§ 156.  Acquisition of immovable

  Ownership of an item of immovable property sold at an auction is created on the basis of a report on the auction by making an entry in the Land Register.

§ 1561.  Acquiring an item of immovable property with the help of a loan

 (1) If an item of immovable property is to be acquired with the help of a loan, the purchaser notifies this to the enforcement agent according to the rules provided by § 931 of this Code.

 (2) If the purchaser and the credit institution agree on encumbering the item of immovable property sold at the auction with a mortgage as security for a loan, and agree to cause an agreement on consent to be subjected to immediate compulsory enforcement to be recorded in the Land Register, the purchaser makes a corresponding notification at the same time with the notification concerning their intention to purchase the item with the help of a loan. The credit institution notifies the enforcement agent of the time when the transaction will be authenticated by a notary, and of the name and contact details of the notary.

 (3) Where a credit institution has issued a guarantee to the enforcement agent in a form reproducible in writing or the enforcement agent receives a copy of the deposit receipt concerning transfer of the money to a notary’s bank account, the agent, without delay, unless otherwise agreed, sends the notary a digitally signed report of the auction, an application for removal, from the Register, of the restraining note and of any rights to be extinguished as a result of enforcement proceedings, as well as the agent’s consent for recording the mortgage in the Land Register.

 (4) The notary files, with the Land Registry Department, the real right contract for creation of the mortgage, the agreement concerning the claims secured by the mortgage and concerning consent to be subjected to immediate compulsory enforcement, as well as the registration application and the documents mentioned in subsection 3 of this section.

 (5) The notary transfers the sum deposited in the notary’s bank account to the official bank account of the enforcement agent within three working days following registration of the documents mentioned in subsection 4 of this section in the journal of the Land Registry.

 (6) If the agreements mentioned in subsection 4 of this section are not concluded within 30 days following creation of the auction report, the notary returns, to the enforcement agent, the documents mentioned in subsection 3 of this section and, to the credit institution, the money transferred to the notary’s bank account according to subsection 3 of this section.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 157.  Sale by another method

  Immovable property may be sold under the supervision of the enforcement agent according to the rules provided by § 102 of this Code.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 158.  Rights preserved

 (1) When an item of immovable property is sold under enforcement procedure, the rights reflected in the Land Register which have the same ranking as, or a higher ranking than, the claim of the party seeking enforcement or the right securing that claim are preserved.

 (2) Where an item of immovable property is sold in order to enforce several claims which have different rankings, the preservation of rights is determined according to the higher-ranking claim.

 (3) Rights that have a lower ranking than the claim are extinguished when the winning bid is declared. The right that is held by the party seeking enforcement, that is recorded in the Land Register and that gave rise to the claim for whose satisfaction the levy was made is also deemed to be extinguished.

 (4) An auction does not extinguish the rights arising from a servitude, provided the servitude was created under a statutory right to create a servitude.

§ 159.  Rights preserved by agreement

 (1) A right that is recorded in the Land Register and that would be extinguished upon the sale of the item of immovable property, and would be subject to removal from the Land Register, is preserved if the entitled party and the purchaser provide for such an outcome by an agreement authenticated by a notary and if they submit the agreement to the enforcement agent before the filing of an application for removal of rights from the Land Register.

 (2) In a situation mentioned in subsection 1 of this section, the agreement is deemed to constitute satisfaction of the claim of the entitled party out of the item of immovable property.

 (3) [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 160.  Entries in the Land Register

 (1) Unless otherwise provided by law, after the entire purchase price has been paid, the enforcement agent files with the Land Registry Department, without delay, a copy of the auction’s report and the applications for the purchaser to be recorded in the Land Register as the owner and for the restraining note and any rights subject to extinguishment to be removed from the Register.

[RT I 2010, 38, 231 – entry into force 01.07.2010]

 (11) In a situation mentioned in subsections 1 and 2 of this section, the applications for registration of the owner and of a mortgage are deemed to be applications made by the purchaser and the mortgagee. The purchaser is required to pay a statutory fee in the amount provided for by the Statutory Fees Act.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (12) In a situation mentioned in subsections 1 and 2 of this section, the application for registration of the owner is deemed to be an application made by the purchaser. The purchaser is required to pay a statutory fee in the amount provided for by the Statutory Fees Act.

[RT I 2009, 68, 463 – entry into force 01.01.2010]

 (2) The making of an entry by which a right is removed from the Land Register does not require the right holder’s consent within the meaning of § 341 of the Land Register Act.

 (3) If, before they are recorded in the Land Register as the owner, a purchaser applies for a right to be registered in respect of the immovable that was auctioned, or consents to the making of a corresponding entry, the entry may not be made on that basis before the purchaser has been recorded in the Land Register as the owner.

§ 161.  Cancellation of lease contracts and commercial lease contracts

  A purchaser may cancel a lease contract or a commercial lease contract under the terms and conditions and within the time limit prescribed by § 323 of the Law of Obligations Act. The purchaser may not cancel the lease contract or commercial lease contract if a note has been entered in the Land Register according to § 324 of the Law of Obligations Act and the note cannot be removed due to its ranking.

Subchapter 4 Compulsory Administration of Immovable Property  

§ 162.  Ordering compulsory administration of an item of immovable property

 (1) After attachment, on an application of the enforcement agent, of the party seeking enforcement or of the debtor, the court orders compulsory administration of the item of immovable property and appoints an administrator.

 (2) Based on a claim arising from a right appearing in the Land Register, compulsory administration of an item of immovable property may also be ordered when the debtor does not appear in the Land Register as the item’s owner, and is not an heir or beneficiary of the owner, but has possession of the item on the basis of a transaction by which it was acquired.

§ 163.  Appointing the administrator

 (1) Neither the party seeking enforcement nor the enforcement agent, nor any relative, by blood or marriage, of the agent may be appointed as the administrator. A relative, by blood of marriage, of the party seeking enforcement may be the administrator strictly with the written consent of the debtor and of the party seeking enforcement.

 (2) The court may replace the administrator if they do not perform their obligations.

 (3) If the court does not appoint an administrator, the item of immovable property subject to compulsory administration remains in the possession of the debtor.

§ 164.  Entry concerning compulsory administration and giving notification of compulsory administration

 (1) On the basis of a court order, an entry is made in the Land Register concerning compulsory administration and the compulsory administrator.

 (2) When the entry concerning compulsory administration has been made in the Land Register, the court serves a notice concerning the ordering of compulsory administration of the item of immovable property on the parties to enforcement proceedings and on the enforcement agent.

§ 165.  Possession by compulsory administrator

 (1) By the order which appoints them as the compulsory administrator of the item of immovable property, the administrator is authorised to take possession of the property.

 (2) If the debtor physically resists the compulsory administrator’s taking possession of the property, the administrator may have recourse to police assistance in order to overcome the resistance and take possession of the property.

 (3) Where the item of immovable property is in the possession of a third party, the compulsory administrator may require possession of the property to be handed over on the basis of the enforceable title against the debtor and of the order appointing them as compulsory administrator of the property. If the property is in the possession of a commercial lessee, lessee or a usufructuary, the administrator remains the property’s indirect possessor and is authorised, by the attachment notice, to collect due claims in the stead of the debtor.

§ 166.  Effect of attachment where compulsory administration has been ordered

 (1) Where compulsory administration has been ordered, the item of immovable property is deemed to be attached from the time when the administrator attains possession of the item.

 (2) The administrator may make an application to the enforcement agent to restrain a third party who owes an obligation to the debtor from making any payments to the debtor.

§ 167.  Functions of an administrator

 (1) An administrator takes the item of immovable property on the basis of the order imposing compulsory administration of the property and is required to hand the property over with the same inventory and in the same economic condition.

 (2) An administrator is entitled, and is under a duty, to carry out all transactions and operations that are necessary to preserve the condition and ensure the regular management of the property. The administrator may collect any claims related to the property and sell any fruits of the property that are not required for its administration.

 (3) The administrator performs any commercial lease or lease contracts concluded before attachment of the item of immovable property. The administrator may conclude new commercial lease or lease contracts for a period of time that runs until the end of the period of compulsory administration.

 (4) Where an item of immovable property remains under the debtor’s administration, the debtor must manage the immovable under the same rules as apply to the administrator. The debtor may dispose of the property only with the consent of the enforcement agent.

§ 168.  Supervision by enforcement agent

 (1) Having obtained the relevant views of the party seeking enforcement and of the debtor, the enforcement agent issues, to the administrator, the guidelines required for compulsory administration, and oversees the administrator’s administration of the property.

 (2) If necessary, the enforcement agent may require the administrator to provide a security.

§ 169.  Liability and reporting obligation of administrator

 (1) The administrator is liable to the parties to enforcement proceedings for performance of the administrator’s obligations. The relationship between the administrator and the parties to proceedings is governed by the provisions concerning agreements for personal services, excluding the provisions regulating the payment of remuneration and the cancellation of such agreements.

 (2) The administrator is required to present reports on the administration of the item of immovable property to the enforcement agent at such times as are designated by the agent.

 (3) The debtor and the party seeking enforcement have a right to acquaint themselves with the administrator’s reports.

§ 170.  Payment of a user’s fee

 (1) Any lease or rent payment or usufruct fee that falls to be paid for the use of the item of immovable property must be paid to the administrator.

 (2) Where the relevant amounts are not required for managing the item of immovable property, the court may order any lease or rent payments be made to the enforcement agent’s official bank account.

§ 171.  Remuneration of administrator

 (1) When appointing an administrator, the court approves the administrator’s remuneration, which the administrator is entitled to take from the fruits of the item of immovable property. Where the debtor is allowed to administer the property, they are not paid any remuneration.

 (2) If the fruits received from the item of immovable property in the course of its administration do not cover the amount set as the administrator’s remuneration, the outstanding portion is charged to enforcement costs.

§ 172.  Debtor’s right to use attached immovable

 (1) The debtor and any member of their family who, at the time the item of immovable property is attached, resides in a dwelling located on the property, may continue to reside there during the period of compulsory administration.

 (2) The debtor must compensate for any harm caused to the party seeking enforcement by use of the property.

§ 173.  Termination of compulsory administration

 (1) Compulsory administration is terminated by a decision of the enforcement agent after the claim of the party seeking enforcement has been satisfied.

 (2) If the continuation of compulsory administration would require considerable expenditure and the party seeking enforcement does not pay the required amount in advance, the enforcement agent may apply to the court for a decision on whether to continue compulsory administration or to sell the property.

Subchapter 5 Distribution of Proceeds between Claimants  

§ 174.  Distribution of proceeds received from sale and compulsory administration of immovable property

 (1) Any proceeds received from the sale and compulsory administration of an item of immovable property are distributed by the enforcement agent, between the parties seeking enforcement and any other parties entitled to participate in the distribution of such proceeds, based on the rankings of the corresponding rights as reflected in the Land Register and in the order of attachment or according to agreement between the parties seeking enforcement. Where attachment has taken place simultaneously, the parties seeking enforcement have the same ranking for the purposes of distribution of proceeds.

 (2) Enforcement costs are deducted from the proceeds to be distributed according to the distribution plan.

 (3) Claims are satisfied out of the proceeds and are taken into account in the distribution plan in the following order, and, for claims of the same rank, in proportion to the amount claimed:
 1) where a compulsory auction was preceded by compulsory administration, the claim of the party seeking enforcement for compensation of expenses incurred as an advance payment for maintenance of and necessary improvements to the item of immovable property, unless such expenses can be covered out of the proceeds generated by the item;
 2) claims arising from rights recorded in the Land Register, according to the ranking of the right in the Register and, to the extent provided by law, any ancillary claims;
 21) [Repealed – RT I, 08.07.2016, 1 – entry into force 01.01.2017];
 22) a child’s claims for maintenance, including any part of such a claim that has passed to the State due to the fact that maintenance support has been paid;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 3) claims of parties seeking enforcement to protect which an item of immovable property has been attached or to protect which the claim’s holder has joined in compulsory enforcement, and which are not satisfied according to clauses 1–22 of this subsection;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021];
 4) any remaining claims.

 (4) In relation to claims mentioned in clause 3 of subsection 3 of this section, where there are several parties seeking enforcement, preference is given to the party seeking enforcement for whose benefit the property was attached earlier or who joined compulsory enforcement.

§ 175.  [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 176.  Rights of holders of rights to be removed from the Land Register

 (1) Where a person’s right that has been recorded in the Land Register is extinguished upon the sale of the item of immovable property, the holder of such a right may, according to the rules provided by subsection 2 of § 108 of this Code, demand compensation for removal of the right from the Register according to the right’s former ranking.

 (2) Compensation for a personal servitude or for a real encumbrance created for an unspecified period is paid to an entitled party in monthly instalments which are calculated based on the annual value of the right. The amount is paid for three months in advance.

 (3) A claim for compensation provided for by subsection 2 of this section is reflected in the distribution plan by an amount which corresponds to the total sum of all future payments but does not exceed the product of the annual payment sum and the number 25. The plan determines how the sum is to be distributed when the party entitled to receive it dies or is dissolved or if the claim falls away.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 177.  Distribution plan in a situation of compulsory administration

 (1) In a situation where an item of immovable property has been placed under compulsory administration, the enforcement agent creates a distribution plan for distributing the proceeds of the administration between the parties seeking enforcement for the entire administration period.

 (2) The administrator makes payments under the distribution plan when the corresponding claims fall due.

Chapter 81 LIMITATION OF THE DEBTOR’S RIGHTS, SUSPENSION OF THE DEBTOR’S LICENCES AND REVOCATION OF THE DEBTOR’S DOCUMENTS IN COMPULSORY ENFORCEMENT OF A CHILD’S CLAIM FOR PERIODIC MAINTENANCE PAYMENTS  
[RT I, 16.12.2022, 1 - entry into force 01.01.2023]

§ 1771.  Warning concerning limitation of rights, suspension of licences and revocation and restraining the issue of documents

  [RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (1) When, during enforcement proceedings, a child maintenance debtor has not, within two months, made regular payments towards the child’s maintenance, and the enforcement agent’s attempts to collect such maintenance out of the debtor’s property have not been successful, the agent – with the consent of the party seeking enforcement – warns the debtor that the debtor’s rights, licences or documents listed in subsection 1 of § 1772 of this Code will be, respectively, subjected to limitation, suspension or revocation and the granting of such rights, licences or documents will be restrained if, within 30 days following service of the warning, the debtor does not meet at least one of the following conditions:
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 1) make a payment of at least a month’s maintenance;
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 2) conclude a payment schedule agreement with the party seeking enforcement concerning the payment of maintenance and pay the first instalment;
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 3) provide reasons showing that the imposition of a limitation on a right, the suspension of a licence or the revocation of a document, or restraining the granting of such a right, licence or document, as described in the warning, would be unfair to them, primarily if the failure to pay the maintenance was due to a valid reason or if imposing a limitation on the right, suspending the licence or revoking the document would constitute a materially impediment to the debtor’s and their dependants’ subsistence.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (2) The warning mentioned in subsection 1 of this section remains in effect for two years following its service. If, during this period, the debtor, again, discontinues the making of regular maintenance payments without presenting a valid reason for such discontinuation, the enforcement agent, without issuing a new warning to the debtor, makes an application to the court under clause 2 or clause 3 of subsection 1 of § 1773 of this Code. The agent may, during the period of effectiveness of the warning, under clause 3 of subsection 1 of this section, reassess the validity of the reason stated by the debtor and make an application to the court under clause 4 of subsection 1 of § 1773 of this Code.

[RT I, 12.03.2015, 4 – entry into force 01.03.2016]

 (3) During the period of effectiveness of the warning, the enforcement agent may make several applications to the court for limiting the debtor’s rights, suspending the debtor’s licences or revoking the debtor’s documents, or for restraining the granting of such rights, licences or documents.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (4) The enforcement agent does not issue the warning mentioned in subsection 1 of this section if the debtor has previously presented what evidently constitutes a valid reason for failure to pay the maintenance.
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]

 (5) Before issuing, to the debtor, the warning mentioned in subsection 1 of this section, the enforcement agent ascertains whether the debtor holds any rights, licences or documents mentioned in subsection 1 of § 1772 of this Code. If the debtor does not have any such rights, licences or documents, the agent does not issue the warning.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (51) The effect of the warning ends when a judicial disposition enters into effect by which the court, by virtue of clause 3 of subsection 2 of § 1774 of this Code, denies the enforcement agent’s application for limiting the debtor’s rights, suspending the debtor’s licences, revoking the debtor’s documents, or restraining the granting of such rights, licences or documents, or by which the court, by virtue of § 1775 of this Code, has terminated the limitation imposed on the debtor’s rights, the suspension of the debtor’s licences or a restraint imposed on the granting of such rights, licences or documents to the debtor.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (6) The form of the warning concerning limitation of the debtor’s rights, suspension of the debtor’s licences or revocation of the debtor’s documents is enacted by a regulation of the Minister in charge of the policy sector.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 1772.  Limitation of the debtor’s rights, suspension of the debtor’s licences and revocation of the debtor’s documents, as well as restraining the granting of such rights, licences or documents

  [RT I, 16.12.2022, 1 – entry into force 01.01.2023]

 (1) Where, during enforcement proceedings, the child maintenance debtor has not, within three months, made regular payments towards the child’s maintenance, and the enforcement agent’s attempts to collect such maintenance out of the debtor’s property have not been successful, the court – with the consent of the party seeking enforcement and on an application of the enforcement agent which has been preceded by a warning to the debtor – may, by order, indefinitely suspend the following rights and licences:
 1) any right to engage in hunting;
 2) any right to drive a motor vehicle;
 3) any weapons permit and any acquisition permit for a weapon;
 4) any right to drive recreational craft or personal watercraft;
 5) any fishing card.

 (11) In situations mentioned in subsection 1 of this section, the court may, by order, revoke the following documents of the debtor, and restrain the issue of such documents for up to two years:
 1) the Estonian citizen’s passport;
 2) the alien’s passport;
 3) any travel document issued to the debtor as a refugee;
 4) any temporary travel document;
 5) the seafarer’s discharge book;
 6) any certificate of record of service on an Estonian ship;
 7) the diplomatic passport.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (2) When, under this section, the court limits the debtor’s right, suspends the debtor’s licence or orders both of the aforementioned measures, or revokes the debtor’s document, it also restrains, by the same order, the granting of such a right, licence or document, or of all of the foregoing.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (3) The court may, at the same time, limit several of the rights, suspend several of the licences and revoke several of the documents mentioned in subsection 1 of this section, and restrain the granting of such rights, licences or documents. When limiting a right, suspending a licence or revoking a document, and when restraining the granting of such a right, licence or document, the court has regard to the provisions of subsection 2 of § 1774 of this Code.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 1773.  Enforcement agent’s application to limit the debtor’s right, suspend the debtor’s licence or revoke the debtor’s document and to restrain the granting of such a right, licence or document

  [RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (1) To limit the debtor’s right, suspend the debtor’s licence or revoke the debtor’s document mentioned in § 1772 of this Code – and to restrain the granting of such a right, licence or document – the enforcement agent files a corresponding application with the court where:
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 1) the debtor has not, within 30 days following service of a corresponding warning, met at least one of the conditions mentioned in subsection 1 of § 1771 of this Code;
 2) the debtor has, after having been served with a warning, commenced fulfilling the maintenance claim but has discontinued such fulfilment without a valid reason for at least 30 days;
 3) the debtor has, after having been served with a warning, concluded a payment schedule agreement with the party seeking enforcement, but has not performed it as required;
 4) the enforcement agent is not satisfied as to the existence of the valid reason presented by the debtor under clause 3 of subsection 1 of § 1771 of this Code or is not satisfied that the reason is a sufficiently valid one.

 (2) The enforcement agent annexes the following to the application mentioned in subsection 1 of this section:
 1) the enforcement application;
 2) information concerning service of the enforcement notice;
 3) an overview of payments received during enforcement proceedings;
 4) information concerning the debtor’s rights with whose limitation, licences with whose suspension and documents with whose revocation, or of the right, licences and documents to whose granting being restrained the party seeking enforcement consents;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 5) particulars concerning service of the warning issued under subsection 1 of § 1771 of this Code;
 6) the debtor’s reasons for failing to pay the maintenance and concerning their need for the right to be subjected to limitation, the licence to be suspended, the document to be revoked, or the right, licence or document whose granting is to be restrained;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 7) information on which of the rights, licences or documents mentioned in subsection 1 of § 1772 of this Code the debtor holds;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 8) other relevant information.
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]

§ 1774.  Consideration of the application to limit the debtor’s rights, suspend the debtor’s licences and revoke the debtor’s documents as well as for restraining the granting of such rights, licences or documents, and appeals against the orders given

  [RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (1) The enforcement agent’s application to limit the debtor’s rights, suspend the debtor’s licences and revoke the debtor’s documents, as well as to restrain the granting of such rights, licences or documents, is considered by the court in action-by-petition proceedings.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (2) The court does not suspend the debtor’s rights, withdraw the debtor’s licences, revoke the debtor’s documents, or restrain the granting of such rights, licences or documents to the debtor if, after the enforcement agent has filed the application mentioned in subsection 1 of § 1773 of this Code, the debtor:
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 1) has commenced performance toward the maintenance claim and has paid at least two months’ maintenance;
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 2) has concluded a payment schedule agreement for the payment of maintenance with the party seeking enforcement, and has paid at least a month’s maintenance;

[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 3) has provided reasons showing that the limitation of rights, withdrawal of licences and revocation of documents would be unfair in their respect, primarily if the failure to pay the maintenance was due to a valid reason, or if such a limitation, withdrawal or revocation, or the restraining of the granting of such rights, licences or documents would constitute a material impediment to the debtor’s and his or her dependants’ subsistence.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (3) A court order concerning limitation of the debtor’s rights, suspension of the debtor’s licences, revocation of the debtor’s documents or imposition of a restraint on the granting of such rights, licences or documents is served by the court on the debtor and on the enforcement agent.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (4) The court serves the order – on which a note is inscribed concerning its entry into effect – on the relevant authority for the performance of operations required to limit the right, suspend the licence, revoke the document or restrain the granting of such a right, licence or document, as stated in the order.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (5) The court order contains an explanation, for the debtor, concerning the operations that they must perform due to the limitation of their right, the suspension of their licence or the revocation of their document, and concerning the time limits for such operations.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (6) The parties to proceedings may appeal the order of the district court concerning limitation of the debtor’s right, suspension of the debtor’s licence, revocation of the debtor’s document or imposition of a restraint on the granting of such a right, licence or document within the time limits and according to the rules provided by the Code of Civil Procedure. The order of the circuit court of appeal concerning the appeal may be appealed.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 1775.  Termination of the limitation of rights and suspension of licences, and of the restraint imposed on the granting of such rights or licences, and documents

  [RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (1) On a motion of the debtor, the court, by order, terminates the limitation of the debtor’s right, the suspension of the debtor’s licence and the restraint imposed on the granting of such a right or licence, or document, if:
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 1) the debtor has paid at least three months’ maintenance;
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 2) the debtor has concluded a payment schedule agreement with the party seeking enforcement, and has performed it during at least three consecutive months;
[RT I, 12.03.2015, 4 – entry into force 01.03.2016]
 3) it would be unfair in respect of the debtor to decide not to terminate such a limitation or suspension, or such a restraint;
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]
 4) the obligation to pay maintenance has ended.

[RT I, 12.03.2015, 4 – entry into force 01.03.2016]

 (2) The order that discharges the limitation of the debtor’s right, the suspension of the debtor’s licence and the restraint on the granting of such a right or licence is served by the court on the debtor and on the enforcement agent.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

 (3) The court serves the order – on which a note has been inscribed concerning its entry into effect – on the relevant authority for the performance of operations related to termination of the limitation of the right, of the suspension of the licence and of the restraint on the granting of such a right or licence, or document, as stated in the order.
[RT I, 19.03.2019, 1 – entry into force 01.01.2021]

§ 1776.  Application of this Chapter

  The operations provided for by this Chapter are permitted strictly in enforcement proceedings commenced for compulsory enforcement of a child’s claim for periodic maintenance payments.
[RT I, 16.12.2022, 1 – entry into force 01.01.2023]

Part 3 ENFORCEMENT PROCEEDINGS CONCERNING THE HANDING OVER OF A PERSON OR SURRENDER OF AN ITEM OF PROPERTY AND FOR PERFORMANCE OF, OR REFRAINING FROM, A CERTAIN OPERATION  

§ 178.  Reclamation of an item of movable property

 (1) Where, under an enforceable title, the debtor is required to hand over a specific item of movable property or a specific amount of fungible property or securities that have the form of documents, the enforcement agent takes these from the debtor and hands them over to the party seeking enforcement.

 (2) If an item of property is not found, the debtor must inform the enforcement agent of the item’s location.

 (3) If the debtor does not provide information concerning the item’s location, the provisions of § 183 of this Code are applied.

§ 179.  Return of or allowing access to the child

 (1) In a case concerning the return of or allowing access to the child, the enforcement agent performs the enforcement operation in the presence of a representative of the municipality in whose administrative territory the child – or, as an exception, the obligated party – has their residence and who possesses specialist knowledge of communication with children.

 (2) Where the obligated party obstructs compulsory enforcement, the enforcement agent – on an application of the party seeking enforcement – files an application with the court for a fine to be imposed on the obligated party. For the purposes of action-by-petition proceedings, the petitioner is the party seeking enforcement and the party concerned is the debtor.
[RT I, 10.12.2021, 1 – entry into force 01.09.2022]

 (21) Where the fine is imposed for the first time, its amount does not fall below 50 fine units or exceed 500 fine units; where a repeat fine is imposed, its amount does not exceed 800 fine units within the meaning of the Penal Code.
[RT I, 10.12.2021, 1 – entry into force 01.09.2022]

 (22) Instead of imposing a fine on the obligated party for the second time, the party may be given a short-term custodial sentence under the rules provided by § 62 of this Code. Payment of the fine or serving the short-term custodial sentence does not release the party from the obligation to perform the operation provided for by the enforceable title, from acquiescing in the operation or from refraining from it.
[RT I, 10.12.2021, 1 – entry into force 01.09.2022]

 (23) Where this is needed, the court hears the child before imposing the fine or short-term custodial sentence.
[RT I, 10.12.2021, 1 – entry into force 01.09.2022]

 (3) Where this is needed, the enforcement agent may raise, with the municipality in whose administrative territory the child’s – or, as an exception, the obligated party’s – residence is located, the matter of the child’s temporary placement in a children’s social welfare institution.

 (4) The enforcement agent may use force in respect of the child or the person obligated to return the child or allow access to the child strictly on the basis of a judicial disposition. The court allows the use of force to enforce the disposition only where the application of other measures has been or is unsuccessful or where prompt enforcement of the disposition is required and the use of force is justified by the need to ensure the child’s well-being, which cannot be achieved in any other way.

[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 180.  Surrendering an item of immovable property

 (1) Where the debtor must surrender, hand over or vacate an item of immovable property, including the part of such an item in which they hold apartment ownership rights or a part of such a part, or residential or other enclosed premises, the enforcement agent sets a time limit of up to three months for the debtor to comply with the enforceable title on a voluntary basis.

 (2) The enforcement agent serves the debtor with an enforcement notice concerning surrender of the item of immovable property not less than 14 days before the envisaged compulsory enforcement. Among other things, the enforcement notice states the following:
 1) the time limit for voluntary compliance with the enforceable title;
 2) the fact that the enforcement agent is authorised to seize the property by coercive means or to remove the debtor and any persons present with the debtor by such means;
 3) the date on which the property is to be vacated by coercive means;
 4) the obligations of the debtor to surrender the immovable, to arrange for a room for their property, to inform the agent of the location of such a room and, if circumstances preventing eviction are revealed, to notify these to the agent.

 (3) If the debtor does not comply with the enforceable title on a voluntary basis within the time that has been set, the enforcement agent takes possession of the item of immovable property from the debtor and hands it over to the party seeking enforcement. Any objects or persons on the premises are subject to removal. If necessary, the agent engages the police to achieve surrender of the immovable.

 (4) The enforcement agent separates any items of movable property which are unaffected by compulsory enforcement and hands these over to the debtor or arranges for such items to be at the debtor’s disposal or, in the debtor’s absence, hands the items over to the debtor’s representative or to a full-age member of the debtor’s family. If none of the aforementioned persons is present, the agent places the items in a facility for storing attached property, to be stored at the expense of the debtor, or arranges for their storage at another location. The agent does not arrange storage for property items whose sale is not practical due to their low value, except for items which are exempt from attachment. Items not subject to storage are brought out of the premises.

 (5) If the debtor does not reclaim the items of property mentioned in subsection 4 of this section within two months following vacation of the rooms, or claims return of such items without paying the costs, the enforcement agent sells the items and deposits the proceeds. Any items not sold are destroyed.

 (6) The enforcement agent creates a report on the taking of possession of the item of immovable property; the report is signed by the enforcement agent and the persons present at the taking of possession.

§ 181.  Surrender of an item of property in the possession of a third party

 (1) If the item of property whose surrender is being claimed is in the direct possession of a third party and such a party refuses to surrender the item, the right to claim surrender of the item is attached on an application of the party seeking enforcement.

 (2) Where it is patently obvious that the item of property whose surrender is being claimed has been passed into the direct possession of a third party in order to avoid surrendering it, the enforcement agent may remove the item from the third party’s possession.

§ 182.  Enforcement proceedings for performance of an operation which can be performed by third party

 (1) If the debtor fails to comply with an obligation to perform an operation which can be performed by a third party, the enforcement agent may authorise the party seeking enforcement to have the operation performed at the expense of the debtor.

 (2) On the basis of the enforceable title requiring performance of the operation and on an application of the party seeking enforcement, a levy may be made on the debtor’s property to cover the costs incurred. Such a levy may also be made if the third party requests an advance payment in order to perform the operation.

 (3) The provisions of subsections 1 and 2 of this section do not apply to enforcement proceedings whose object is achieving the surrender of property.

§ 183.  Enforcement proceedings for performance of an operation which can be performed only by the debtor

  Where an operation can be performed only by the debtor but the debtor does not perform the operation by the set due date, or where the debtor violates the obligation to permit a certain operation or refrain from one, the enforcement agent may impose a non-compliance levy on the debtor in accordance with the rules provided by § 261 of this Code.
[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

§ 184.  Enforcement of a judgment which requires the debtor to provide a manifestation of intention

 (1) Where the debtor has been ordered by judgment to provide a certain manifestation of intention, the judgment replaces the manifestation. If the manifestation depends on the performance of an obligation by the party seeking enforcement, the manifestation is deemed to have been provided when the party seeking enforcement or the enforcement agent has offered performance of the obligation to the debtor according to this Code.

 (2) [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

 (3) [Repealed – RT I 2006, 7, 42 – entry into force 04.02.2006]

 (4) Where property is acquired in a situation provided for by subsection 1 of this section, the legal consequences of such acquisition are the same as where the acquisition is achieved by a transaction.

[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 185.  Handing over an item of property under a judicial disposition which requires transfer of ownership

  Where the debtor is required to transfer ownership or create a right in an item of movable property, such an item is deemed to have been handed over when the enforcement agent takes possession of the item for the purpose of handing it over to the party seeking enforcement. The item is deemed to have been handed over on a transaction basis.

§ 186.  Right of the party seeking enforcement to claim compensation

 (1) Where a judicial disposition prescribes monetary compensation for violating an obligation but the defendant does not comply with the disposition, in enforcement proceedings the party seeking enforcement may only demand the payment of monetary compensation.

 (2) The provisions of this Part do not preclude or restrict the right of the party seeking enforcement to demand that the debtor compensate for harm caused by failure to comply with the enforceable title.

Part 4 CLAWBACK OF A DEBTOR’S PROPERTY  

§ 187.  Clawback of debtor’s property under enforcement procedure

 (1) A party seeking enforcement may make a court claim against the debtor and their counterparty and demand that the court set aside, on the grounds and in accordance with the rules provided by this Part, any transaction that harms the interests of the parties seeking enforcement (hereinafter, ‘clawback’). For the purposes of this Part, disposing of a property object in enforcement proceedings is also deemed to be a transaction.

 (2) The party seeking enforcement may claim a clawback if they have an enforceable title, their claim has become due and a levy on the debtor’s property has not resulted in full satisfaction of the party’s claim or there is reason to presume that making such a levy will not lead to the claim being satisfied.

§ 188.  General grounds for clawback of transactions

 (1) The court sets aside a transaction which has been concluded by the debtor within three years that precede the making of the court claim by the party seeking enforcement for setting such a transaction aside, provided the debtor knowingly carried out the transaction to harm the interests of the party seeking enforcement and provided the counterparty knew or should have known this at the time when the transaction was carried out.

 (2) Where a counterparty is a person connected with the debtor or the transaction was concluded six months before commencement of enforcement proceedings or before attachment of the debtor’s property, it is presumed that the counterparty knew or should have known that the transaction harms the interests of another creditor.

 (3) A person’s connection with the debtor is ascertained according to § 117 of the Bankruptcy Act.

§ 189.  Clawback of a gift agreement

 (1) The court sets aside any gift agreement concluded by the debtor, except where the agreement was concluded earlier than two years before the court claim to set the transaction aside was made.

 (2) The court may, on the grounds provided by subsection 1 of this section, also set aside a contract of sale, a barter agreement or any other contract, if the disparity in the obligations of the parties makes it evident that the nature of the contract that was concluded was, even if only in part, that of a gift.

 (3) Benefits and customary gifts that were commensurate to the financial situation of the debtor are not subject to clawback.

§ 190.  Clawback of division of community property

  The court sets aside a marital property agreement between the debtor and their spouse, or a registered partnership contract between the debtor and their registered partner to the extent that the contract deals with pecuniary rights, or an agreement on division of community property, by which the debtor renounces, to a material extent, their property or their share in the community property, if the marital property agreement or registered partnership contract or the agreement on division of community property was entered into:
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
 1) after the commencement of enforcement proceedings;
 2) within one year before the commencement of enforcement proceedings;
 3) before commencement of the time limit mentioned in clause 1 of this section but within two years before the commencement of enforcement proceedings unless the debtor or their spouse or registered partner proves that the debtor was solvent at the time of dividing the property or of renouncing it and did not become insolvent due to the division or renouncement.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

§ 191.  Clawback of the granting of security

 (1) The court sets aside the granting of security if the security was granted:
 1) after commencement of enforcement proceedings;
 2) in order to secure an obligation which had arisen within six months before the commencement of enforcement proceedings if the debtor was not required to grant such security at the time when the obligation arose or if the debtor was insolvent at the time of granting the security and the person in whose favour the security was granted was or should have been aware of the insolvency;
 3) within two years before the commencement of enforcement proceedings if the security was granted in favour of a person connected with the debtor unless the person or the debtor proves that the debtor was solvent at the time of granting the security.

 (2) The granting of a security is not subject to clawback if the security was granted in order to secure a loan or any other credit agreement and after granting the security the debtor came into possession of the amount of money corresponding to the value of the security according to the secured contract, except in a situation mentioned in clause 3 of subsection 1 of this section.

 (3) A person connected with the debtor is presumed to be aware of the debtor's insolvency.

§ 192.  Legal operations by heir or beneficiary

  Where the heir or beneficiary has, out of the decedent’s estate, satisfied a claim for the compulsory portion, executed a legacy or fulfilled a testamentary obligation, the party seeking enforcement who has a claim in respect of the estate and whose claim, in the event of bankruptcy proceedings regarding the estate, would rank higher than or equal to the claim of the recipient of such performance may require, by the same method as regarding a gift agreement concluded by the heir or beneficiary, that such an operation be set aside.

§ 193.  Calculation of time limits

  Where, already before obtaining the enforceable title or before their claim falls due, the party seeking enforcement had, in writing, informed a person who carried out a transaction with the debtor of the intention to file a court claim to set the transaction aside, the time limits are calculated as of the time of reception of the notice, provided the debtor was already at that time unable to satisfy the party’s claim and provided the court claim for clawback is filed within one year following that time.

§ 194.  Clawback in respect of legal successors

  A court claim for clawback may be made, according to the rules established in § 116 of the Bankruptcy Act, also against a legal successor of the person who concluded a transaction with the debtor.

§ 195.  Legal consequences of a clawback of property

 (1) Where the court sets aside a transaction under the rules governing clawback, the counterparty is required to hand over what they received under the transaction, together with any fruits and other gains, to the enforcement agent conducting enforcement proceedings, to be disposed of by the agent for the benefit of the party seeking enforcement. The enforcement agent organises the distribution of what has been handed over between the parties seeking enforcement according to the order in which the parties’ claims have been filed.

 (2) The legal consequences of clawback are subject to the provisions of subsections 2–4 of § 119 of the Bankruptcy Act.

 (3) The counterparty may require the debtor to return what they received under the transaction or, if such a return is impossible, may require that the debtor make compensation for the value of what was received, to be provided within six months following the entry into effect of the judgment ordering return of the property received from the counterparty or, if the counterparty handed over the property subject to clawback to the party seeking enforcement without a judgment, following the date of its handing over.

§ 196.  Conditional setting aside of a transaction

  Where the party seeking enforcement only has, against the debtor, a judicial disposition declared enforceable without delay or a judicial disposition that contains a reservation, the court –in the decision by which it sets the transaction aside – makes the permissibility of enforcement proceedings subject to the entry into effect of the decision against the debtor or to cessation of the reservation contained in the decision.

§ 197.  Commencement of bankruptcy proceedings

 (1) When the debtor is declared insolvent, the right to conduct proceedings regarding a claim made by the insolvent debtor’s creditor to set aside a transaction passes to the trustee in bankruptcy. In such a situation, the only defendant is considered to be the counterparty of the transaction.

 (2) If proceedings regarding a dispute concerning the setting aside of a transaction are still pending before the court at the time the debtor is declared insolvent, such proceedings are suspended. On an application of a trustee in bankruptcy, the proceedings may be continued.

 (3) A trustee in bankruptcy may amend the court claim.

 (4) If the trustee in bankruptcy does not intend to continue the proceedings, they may be continued regarding case costs on an application of a principal party. If the trustee in bankruptcy does not intend to continue proceedings, this does not deprive them of the right to make a court claim for clawback under the Bankruptcy Act.

Part 5 SPECIAL RULES FOR ENFORCEMENT OF DECISIONS, JUDGMENTS AND ORDERS IN MISDEMEANOUR AND CRIMINAL CASES  

Chapter 9 ENFORCEMENT OF DECISIONS, JUDGMENTS AND ORDERS IN MISDEMEANOUR AND CRIMINAL CASES  

Subchapter 1 General Provisions  

§ 198.  Sequence of levies

 (1) The debtor’s property is levied upon in the following sequence:
 1) a levy on money, valuables, securities and claims;
 2) a levy on the remainder of movable property;
 3) a levy on immovable property.

 (2) Having regard to the sequence of levies provided by subsection 1 of this section, the debtor’s share in joint property is levied upon last.

Subchapter 2 Enforcing a Fine Imposed as a Sanction for a Misdemeanour  

§ 199.  Rules for collecting a fine

 (1) Enforcement proceedings for the collection of a fine imposed as a sanction for a misdemeanour are conducted on the basis of a decision of an out-of-court proceedings authority or of a judgment, which has entered into effect and which has been transmitted to the enforcement agent for enforcement.

 (2) A fine imposed as a sanction for a misdemeanour is charged to the national budget. The enforcement agent notifies this to the representative of the party seeking enforcement.

 (3) Where the out-of-court proceedings authority that imposed a fine is the municipal executive, the fine imposed as a sanction for a misdemeanour is charged to the budget of the municipality that made the decision.

 (4) Where the out-of-court proceedings authority that imposed the fine is a private legal person that has concluded an administrative contract with the municipal executive, the fine imposed as a sanction for the misdemeanour is charged to the budget of the municipality that concluded the administrative contract with the person.

§ 200.  Time limit for paying the fine

 (1) Where the court or the out-of-court proceedings authority has not allowed a fine to be paid in instalments, the full amount of the fine is paid. The enforcement agent sets a time limit, which is not shorter than 10 days or longer than 30 days, for the debtor to pay the full amount of the fine. The debtor presents a payment document to the enforcement agent concerning payment of the fine.

 (2) Where the out-of-court proceedings authority or the court has allowed a fine to be paid in instalments under subsections 2 and 3 of § 66 of the Penal Code, the fine is paid in instalments and within the time limit prescribed by the decision or judgment.

 (3) If the fine is not paid within the designated time limit or the time limit for paying an instalment of the fine is not complied with and such a time limit has not been extended, the enforcement agent makes a levy on the debtor’s property according to the rules provided by this Code.

§ 201.  Converting a fine into a short-term custodial sentence

 (1) If the full amount of a fine has not been paid by the designated due date or if the due date for the payment of an instalment of a fine is not complied with and the time limit for paying the fine has not been extended and the debtor has no property on which to make a levy, the enforcement agent notifies the party seeking enforcement, when one year has elapsed after the agent opened proceedings on the fine, but not later than three years after the entry into effect of the decision in the misdemeanour case, of the impossibility of enforcement. Where no circumstances are present that would preclude conversion of the sanction, the party seeking enforcement sends an application, to the district court that mandated the enforcement of the judgment, for the fine to be converted into a short-term custodial sentence according to § 72 of the Penal Code. The party seeking enforcement notifies the debtor and the enforcement agent of having filed the application.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (11) Where the time limit for paying a fine has been extended and the debtor does not comply with the time limit prescribed by the decision extending the time limit in question, and the debtor has no property to levy upon, the enforcement agent, when two months have elapsed from the due date for paying the fine as stated in the decision extending the time limit for payment but not later than three months after the entry into effect of the decision made concerning the misdemeanour, notifies the party seeking enforcement of the impossibility of enforcement. The party seeking enforcement files an application with the court for the fine to be converted into a short-term custodial sentence, and notifies this to the enforcement agent and to the debtor according to the rules provided by subsection 1 of this section.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (2) An application mentioned in subsection 1 of this section states the amount of the fine that has been paid.

 (3) If the debtor pays a fine in full before they are ordered to serve a short-term custodial sentence in lieu of the fine, the enforcement agent terminates the proceedings to collect such a fine and notifies the district court without delay of the fact that the fine has been paid.

 (4) Where a short-term custodial sentence has been imposed by court order in a case for enforcement of a fine, the enforcement agent terminates enforcement proceedings in the case.

§ 202.  Expiry of the limitation period for enforcing a judgment or a decision of an out-of-court proceedings authority – termination of enforcement proceedings that have been commenced to collect the fine in question

 (1) Where a fine imposed in a misdemeanour case by judgment or by decision of an out-of-court proceedings authority has not been collected within the time limit provided by § 82 of the Penal Code, the enforcement agent, on account of expiration of the limitation period for enforcement, terminates enforcement proceedings that have been commenced to collect such a fine.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

 (2) [Repealed – RT I 2009, 68, 463 – entry into force 01.01.2010]

§ 203.  Death of the individual debtor – termination of enforcement proceedings that have been commenced to collect a fine

  [RT I, 11.03.2023, 1 – entry into force 01.11.2023]
On the death of the individual debtor, the property of the debtor’s heirs or beneficiaries is not levied upon and enforcement proceedings are terminated.
[RT I, 11.03.2023, 1 – entry into force 01.11.2023]

Subchapter 3 Enforcement of a Monetary Penalty and a Forfeiture of Property Imposed for a Criminal Offence  

§ 204.  Rules for collecting a monetary penalty or forfeiture of property

 (1) Enforcement proceedings to collect a monetary penalty or forfeiture of property imposed in a criminal case are conducted on the basis of a judgment that has entered into effect and that has been transmitted to the enforcement agent for enforcement.

 (2) The amount of a monetary penalty or forfeiture of property is charged to the national budget.

§ 205.  Time limit for paying a monetary penalty or forfeiture of property

 (1) Where the court has not ordered a monetary penalty to be paid in instalments, such a penalty or forfeiture of property is paid as a lump sum. For paying the penalty or forfeiture, the enforcement agent sets the debtor a time limit which is not shorter than 60 days or longer than 90 days. The debtor presents to the enforcement agent a payment document concerning payment of the amount of monetary penalty or forfeiture of property.

 (2) If the court has, under subsection 1 of § 66 of the Penal Code, ordered payment of an amount of monetary penalty in instalments or, under § 424 of the Code of Criminal Procedure, extended the time limit for paying the amount of a monetary penalty or forfeiture of property, such an amount is paid in instalments and within the time limit as prescribed by the judgment or order.

§ 206.  Consequences of failure to pay a monetary penalty or a forfeiture of property

 (1) Where the debtor has not paid an amount imposed as a monetary penalty or forfeiture of property or a part of monetary penalty within the set time limit, the enforcement agent explains to the debtor their right to make a motion to the court to grant an extension of enforcement of the monetary penalty or forfeiture of property under § 424 of the Code of Criminal Procedure. The enforcement agent informs the debtor of the consequences of failing to pay the amount imposed as a monetary penalty or forfeiture of property.

 (2) If the amount imposed as a monetary penalty or forfeiture of property is not paid by the due date or the time limit for the payment of an instalment of the amount of such a penalty is not complied with and the time limit for paying the amount of the penalty or forfeiture has not been extended and the debtor has no property on which a levy could be made, the enforcement agent, when three years have elapsed from acceptance for enforcement of the penalty or forfeiture but not later than seven years after the entry into effect of the judgment, notifies the party seeking enforcement of the impossibility of enforcing the judgment. If there are no circumstances to preclude conversion of the sanction, the party seeking enforcement transmits the application to the district court that mandated the enforcement of the judgment, for the monetary penalty or forfeiture of property to be converted to imprisonment according to §§ 70 and 71 of the Penal Code. The party seeking enforcement notifies the debtor and the enforcement agent of having filed the application.
[RT I, 31.05.2018, 2 – entry into force 10.06.2018]

 (3) Where the debtor pays the amount of a monetary penalty or forfeiture of property in full before a converted sentence is imposed, the enforcement agent terminates the proceedings that have been commenced to collect such amounts and notifies the district court without delay, in writing, of the amount of the monetary penalty or forfeiture of property having been paid.

 (4) Where the court has made an order imposing a converted sentence, the enforcement agent, on the basis of such an order, terminates enforcement proceedings for the collection of the corresponding monetary penalty or forfeiture of property.

§ 207.  Expiration of the limitation period for enforcing a monetary penalty or forfeiture of property – termination of enforcement proceedings that have been commenced to collect such a penalty or forfeiture

 (1) Where a monetary penalty or forfeiture of property has not been collected within the time limit provided by § 82 of the Penal Code, the enforcement proceedings that have been commenced to collect such a penalty or forfeiture are terminated by the enforcement agent on account of expiration of the limitation period for enforcement.

[RT I, 14.03.2011, 1 – entry into force 24.03.2011]

 (2) [Repealed – RT I, 14.03.2011, 1 – entry into force 24.03.2011]

§ 208.  Death of the individual debtor – termination of enforcement proceedings that have been commenced to collect a monetary penalty or forfeiture of property

  [RT I, 11.03.2023, 1 – entry into force 01.11.2023]
On the death of the individual debtor the property of the debtor’s heirs or beneficiaries is not levied upon, and enforcement proceedings are terminated.
[RT I, 11.03.2023, 1 – entry into force 01.11.2023]

Subchapter 4 Enforcement of Other Enforceable Monetary Claims Resulting from Misdemeanour and Criminal Proceedings  

§ 209.  Enforcement of costs of misdemeanour proceedings and of other enforceable monetary public-law claims arising in a misdemeanour case

  Enforcement of the costs of misdemeanour proceedings, or of other enforceable monetary public-law claims, which have been awarded by a judgment or court order or by a decision or order of an out-of-court proceedings authority, is subject to subsections 2–4 of § 199, subsection 1 of § 200 and §§ 202 and 203 of this Code.

§ 210.  Rules for enforcement of costs of criminal proceedings and of other enforceable monetary public-law claims

  Enforcement of the costs of criminal proceedings and of other enforceable monetary public-law claims which have been awarded in a criminal case by a judgment or court order is subject to the provisions of subsection 2 of § 204, subsection 1 of § 205 and §§ 207 and 208 of this Code.

§ 211.  Enacting the rules for reception of payments made under enforceable monetary public-law claims arising in a criminal or administrative or misdemeanour case

  The Minister in charge of the policy sector enacts: the rules for reception, into the budget of the State, of payments of monetary penalties or forfeitures of property, of the costs of criminal proceedings and of other enforceable monetary public-law claims arising in a criminal case; the rules for reception, into the budget of the State, of fines, case costs and of other enforceable monetary public-law claims awarded by a judgment or court order in administrative court proceedings; and the rules for reception, into the budget of the State, of fines or cautionary fines, case costs and other enforceable monetary public-law claims arising in a misdemeanour case.

Part 6 SERVING A MANIFESTATION OF INTENTION THROUGH AN ENFORCEMENT AGENT  

§ 212.  Serving a manifestation of intention

  A person may relay a manifestation of their intention, or a document, to another person through an enforcement agent by presenting the corresponding application and documents to the enforcement agent.

§ 213.  Application of the Code of Civil Procedure

  Unless otherwise provided by law, the service of manifestations of intention through an enforcement agent is subject to the provisions of the Code of Civil Procedure concerning service of procedural documents. To serve the document, the enforcement agent may use any method permitted for the court.

§ 214.  Serving a manifestation of intention by public notice

  Service of a manifestation of intention by public notice may be arranged on the basis of a court order where it is manifestly not possible to transmit the manifestation by any other method or if it must be communicated to the public or to an unknown person.

§ 215.  Enforcement agent’s fee

  The enforcement agent’s fee for transmitting a manifestation of intention is provided for by the Enforcement Agents Act.

§ 216.  Documenting the service

 (1) With respect to the service of a document, the enforcement agent creates a service report in the form enacted by the Minister in charge of the policy sector. An original copy of the report is issued to the sender of the document to serve as proof of the document’s transmission.

 (2) A service notice and a service report state, among other things, the name of the person based on whose application the document was served.

Part 7 COMPLAINTS, APPEALS AND COURT CLAIMS IN ENFORCEMENT PROCEEDINGS  

§ 217.  Appealing a decision and complaining of an action of the enforcement agent

 (1) Unless otherwise provided by law, a party to enforcement proceedings may file, with the enforcement agent, within ten days following the day on which the party becomes or should have become aware of the decision to be appealed or of the actions to be complained of, an appeal concerning the agent’s decision or a complaint concerning the agent’s actions in relation to enforcing the enforceable title or refusing to perform an enforcement operation.

 (2) The enforcement agent can reinstate the time limit mentioned in subsection 1 of this section in accordance with the rules provided by the Code of Civil Procedure. An appeal may be filed, with the district court that serves the area in which the agent has their office, against a decision to refuse reinstatement of a time limit. The order of the court of first instance concerning the appeal cannot be appealed further.

 (3) A complaint concerning an action of the enforcement agent is considered by the agent in the presence of the parties to proceedings within 15 days, and a decision is made within 10 days following consideration.

 (31) The enforcement agent may extend the time limit for making a decision concerning a complaint by ten days if the case is legally complex or if the making of the decision is fraught with complications due to other objective reasons.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (4) The enforcement agent informs the parties to proceedings of the time of consideration of the complaint at least three working days before such consideration. A party’s non-appearance at consideration does not preclude the consideration.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

 (5) The enforcement agent makes a decision, which includes a statement of the reasons for the decision, concerning the complaint and serves it on the parties to proceedings.

 (6) If a party to proceedings does not file their complaint within the time limit mentioned in subsection 1 of this section, the party loses the right to subsequently rely on facts which the party could have presented in the complaint.

 (7) If, by judgment or court order, the court requires the enforcement agent to consider a complaint anew and to make a decision concerning it, the agent disposes of the complaint following the time limits provided by subsection 3 of this section. The time limit for disposing of the complaint starts to run from the time of learning of the entry into effect of the judgment or order.
[RT I, 30.12.2017, 2 – entry into force 09.01.2018]

§ 218.  Appeal against a decision of the enforcement agent concerning a complaint

 (1) A party to proceedings may, within ten days following being served with the enforcement agent’s decision concerning a complaint against the agent’s actions or appeal against the agent’s decision, appeal the decision to the district court in whose judicial district the agent’s office is situated. The appeal cannot be filed with the court without first having been filed with the agent.

 (2) The court, under the action-by-petition procedure, considers an appeal against the decision of the enforcement agent within 15 days following the filing of the appeal. The court may, pending disposition of the appeal, decide to suspend enforcement proceedings subject to the provision of a security or without a security, or to continue such proceedings subject to the provision of a security.

 (3) The parties to proceedings and the enforcement agent may appeal the order of the district court concerning the agent’s decision. The order of the circuit court of appeal concerning the appeal may be appealed. The order may not be appealed where the monetary claim that is being enforced in enforcement proceedings is less than 2000 euros – or where the monthly amount of the claim for periodic payments is less than 150 euros – and the circuit court of appeal has affirmed the operative part of the district court’s order, except where the claim that is being enforced is a child’s claim for maintenance. The order of the circuit court of appeal concerning the appeal against the decision by which the non-compliance levy was imposed cannot be appealed to the Supreme Court.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

§ 219.  Appealing the order of the judge in enforcement proceedings

  Unless otherwise provided by law, the order made by the judge in enforcement proceedings may be appealed.

§ 220.  Contestation, by a person not named in the enforceable title, of acceptance of the title for enforcement

 (1) The debtor may, by filing a court claim against the party seeking enforcement, contest acceptance of the enforceable title for enforcement in a situation provided for by § 18 of this Code and also where enforcement proceedings have been commenced against a person not named in the enforceable title.

 (2) The limitation period for filing such a court claim is ten days following service, on the debtor, of the enforcement notice.

§ 221.  Court claim for declaring compulsory enforcement to be impermissible

 (1) The debtor may make a court claim against the party seeking enforcement to obtain a declaration that compulsory enforcement of the enforceable title is impermissible, primarily for the reason that the claim has been satisfied, its performance has been deferred, or it has been set off. The granting of the court claim does not affect the validity or legal force of the enforceable title.

 (11) Where the enforceable title that has been presented for compulsory enforcement is other than a judicial disposition, particularly where it is a title mentioned in clauses 18–191 of subsection 1 of § 2 of this Code, the debtor can also submit, in the court claim seeking a declaration that compulsory enforcement of the title is impermissible, any objections to the existence and validity of the claim arising from such a title.

[RT I, 06.12.2010, 1 – entry into force 05.04.2011]

 (2) The objections mentioned in subsection 1 of this section are admissible in relation to a judicial disposition only if the grounds on which they are based arose after its entry into effect.

 (3) The court claim may be filed until the end of enforcement proceedings.

[RT I, 06.12.2010, 1 – entry into force 05.04.2011]

 (4) If the court claim is granted, the party seeking enforcement bears the costs of enforcement.

§ 222.  Court claim by a third party for release of attachment imposed on property or for a declaration that compulsory enforcement is impermissible for other reasons

 (1) A third party who has, with respect to property that is subject to compulsory enforcement, a right that precludes such enforcement, especially the right of ownership or a limited real right, may file a court claim with the court in whose judicial district compulsory enforcement is conducted, for release of the attachment imposed on the property or for a declaration that compulsory enforcement is impermissible for other reasons.

 (2) A third party may also make a court claim mentioned in subsection 1 of this section when, in enforcement proceedings, a restraint on disposal that is mentioned in § 88 of the Act on the General Part of the Civil Code and that has been imposed in favour of the party has been violated.

 (3) The court claim is made against the party seeking enforcement and the debtor.

 (4) If the court claim is granted, the enforcement agent releases the attachment imposed on the property in question and files an application with the relevant register to remove the restraining note.

 (5) Where, by the time the auction is held, the holder of the right which precludes auction of the attached property has not presented to the enforcement agent an arrangement or a judicial disposition for releasing the attachment imposed on the property or for suspending or terminating enforcement proceedings, and the property is sold at the auction, such a third party loses their right to the property in question and is only entitled to the auction proceeds.

§ 223.  Court claim for declaring an auction void

 (1) Where property has been sold to a person who did not have a right to purchase it or where an auction was held based on an attachment that was void or where other material conditions of the auction were violated, a party to enforcement proceedings may file a court claim, within 30 days following service of the auction report, for declaring the auction void.

 (2) When the auction is declared void:
 1) the debtor may require the purchaser, under § 80 of the Law of Property Act, to hand over the item of property that was sold or, if this is impossible, file a claim under the provisions governing unjustified enrichment;
 2) the party seeking enforcement may require the enforcement proceedings to be continued;
 3) the purchaser may require the party seeking enforcement to refund the purchase price and the enforcement agent to refund the costs of enforcement, including the enforcement agent's fee;
 4) a party to proceedings may require that the enforcement agent compensate for harm according to the Enforcement Agents Act.

§ 2231.  Motion for termination of enforcement proceedings due to expiry of the limitation period for enforcing the claim

 (1) The debtor may file a motion with the court to terminate enforcement proceedings due to expiry of the limitation period for enforcing the claim when the period provided for by § 157 of the Act on the General Part of the Civil Code has elapsed since the claim inherent in the judicial disposition that has entered into effect – or in another enforceable title – was first presented for enforcement. The court considers the debtor’s motion in action-by-petition proceedings.

 (2) When the motion mentioned in subsection 1 of this section is considered by the court, the parties to proceedings are the person who made the motion and the party seeking enforcement.

 (3) The court may, on a corresponding application, impose measures of interim protection in the case.

 (4) The order by which the court disposed of the motion to terminate enforcement proceedings due to expiry of the limitation period for enforcing the claim may be appealed by the person who made the motion or by the party seeking enforcement.

 (5) The motion may be filed with the court until the end of enforcement proceedings.

 (6) The granting of the motion does not exempt the debtor from bearing enforcement costs.
[RT I, 22.03.2021, 1 – entry into force 01.04.2021]

Part 8 IMPLEMENTING PROVISION  

§ 224.  Entry into force and implementation of this Code

  This Code enters into force at the time and according to the rules provided by the Act to Implement the Code of Civil Procedure and the Code of Enforcement Procedure.

https://www.riigiteataja.ee/otsingu_soovitused.json