The Montenegrin judicial system is made of 8 types of courts which have jurisdiction over various types of cases. In debt collection matters in Montenegro, the first court to hear such a case is the basic court which can also dispose of an enforcement order.
The enforcement of court decisions in Montenegro will be completed based on a set of documents, including in debt recovery situations.
Below, our debt collection lawyers in Montenegro explain how court decisions are enforced in this country. You can also rely on if you need guidance in debt collection procedures and enforcement of court decisions in Montenegro.
Table of Contents
The court system in Montenegro
The court system in Montenegro is made of the following courts:
- misdemeanor courts which are based in every territory in Montenegro (the appeals of cases tried here are heard by the High Misdemeanor Court);
- basic and higher courts which are also located at territorial level and which try all types of cases, including debt collection cases in Montenegro;
- high courts which have jurisdiction over various criminal offenses which are punishable by imprisonment;
- the Commercial Court which has jurisdiction over commercial disputes between companies and other legal entities;
- he Appellate Court which hears cases tried by the courts and appeals from the courts mentioned above;
- the Supreme Court of Montenegro which hears appeals from cases tried by the other court and which issues definitive decisions.
When it comes to the enforcement of court orders issued by Montenegro courts, the procedure is the same no matter where the case was tried. Local courts can also dispose of the enforcement of EU court orders, including in debt collection cases.
Our debt collection lawyers in Montenegro can offer more information on how court orders issued by local courts are enforced.
The Law on Enforcement and Securing of Claims in Montenegro
The enforcement of Montenegro and foreign court orders fall under the Law on Enforcement and Securing of Claims which was issued in July 2011.
According to the law, court orders can be enforced based on the document or documents presented by the claimant with the court. It is important to note that only authentic documents are accepted by the Montenegro court issuing the enforcement order.
In relation to debt collection in Montenegro, the law provides that court orders can be enforced in involuntary decisions, meaning that the court can dispose of the recovery of any outstanding amount of money even if an administrative decision was issued. The enforcement of the court order can imply the recovery of debt by seizing real estate property, shares and holding of companies and other assets which can lead to the satisfaction of the enforced court decision.
Court decisions issued by Montenegro courts can also dispose of the securing of a claim by seizing aircraft and ships only if a separate provides so.
Most of the times, claimants use the services of debt collection agencies in Montenegro when dealing with large amounts that need to be recovered. An agency can obtain the court decision which provides for the recovery of any debt.
Our debt collection lawyers in Montenegro can offer more information on how court decisions are enforced in this country.
Steps in court decision enforcement in Montenegro
In order to start the recovery of a debt, the claimant must first obtain a decision from the Montenegro court which tried the case. There are a few steps which need to be fulfilled in order to have a court decision enforced in Montenegro. These are:
- the claimant must first file a petition with a judgment creditor who will start the enforcement procedure;
- then, a petition of a security petitioner must be filed with the court in order to start the securing claim procedure;
- the court decision is usually issued by a single judge of the court in which the debt collection case was tried;
- the judge will appoint a public enforcement officer who can decide and dispose of the enforcement of the court order;
- the public enforcement officer must have a permanent residence in the territory where the enforcement of the court decision was issued.
With respect to the documents which need to be presented with the defendant upon the enforcement of the Montenegro court’s decision, the most important ones are the court decision and the court settlement. Depending on the assets to be sized, other documents could also be used when enforcing the court order.
For complete information on the enforcement of court decisions and assistance in debt collection in Montenegro, please contact our lawyers who can offer specialized services.