Enforcement fees
Pursuant to Article 610 of The Code of Civil Procedure, the creditor shall pay an administrative fee. Execution costs are recovered from the debtor.
Pursuant to Article 21 of the Law on Bailiffs the enforcement fees have the following structure:
1) An administrative fee, that consists of general expenses and additional expenses paid for particular operations performed by the judicial officer.
2) Remuneration to a judicial officer for enforcement of enforcement of writs of execution defined by law, making findings of fact by court order, service of written proceedings issuing out of court by a court order to natural and legal persons in the Republic of Lithuania.
Pursuant to 120.5 Article of Instruction on Enforcement of Decisions, creditor pays 12 EUR when he subjects the enforcement writ for recovery of maintenance to the judicial officer and there is no maintenance debt at that moment.
It is another costs count system when creditor subjects the enforcement writ for recovery of maintenance and maintenance debt to the judicial officer. General expenses should be paid by the fixed amounts which depend on the amount of the recoverable maintenance debt (see the table provided below). General expenses (advanced payment) cover the costs of: 1) preparation of resolution to initiate an executive case; 2) initiation of an executive case; 3) preparation of offer or proposal to pay the debt and judicial office‘s fee; 4) preparation of resolution to terminate the executive case and 5) storage, archive and destruction of the executive case. Additional expenses are paid for particular operations performed by a judicial officer, such as inquiries to state registers and databases regarding debtor‘s property or income, preparation of resolution to arrest account capital, organizing an auction, preparation of estimation of judicial officer‘s fee, etc.
If the judgment is not executed within six months of the initiation of the enforcement action, the amount of the enforcement costs incurred shall be ½ the amount of the general expenses to be applied to that recovery. This amount is also added for the second and third years of execution of the enforcement case (paragraph 471 of the Instruction on Enforcement of Decisions).
In the case of recoveries where the amount to be recovered is less than EUR 3, the general expenses shall be calculated once and shall not be increased in accordance with paragraph 126 of the Instruction on Enforcement of Decisions.
In an enforcement case where the amount to be recovered is between EUR 3 and Eur 15, the amount of the general expenses added in accordance with paragraph 127 of the Instruction on Enforcement of Decisions shall not exceed EUR 8 and in the case of an enforcement order where the amount to be recovered is between EUR 15 and EUR 50, it may not exceed EUR 20.
Where only enforcement costs are recovered in the enforcement case, with the exception of enforcement costs which must be recovered and returned to the claimant in accordance with the procedure set out in in the aforementioned Instruction, the necessary enforcement costs shall not be added in accordance with paragraph 471.
Maintenance creditors can be exempted from the administrative fees if creditors are welfare recipient.
| Reoverable amount | General expenses | Remuneration |
|
Up to 3 EUR |
12 EUR |
8 EUR |
|
3 - 15 EUR |
16 EUR |
20 EUR |
|
15 - 50 EUR |
20 EUR |
40 EUR |
|
50 - 300 EUR |
24 EUR |
80 EUR |
|
300 - 600 EUR |
28 EUR |
19 percent of the total recovered amount, but not less than 80 EUR |
|
600 - 850 EUR |
32 EUR |
18 percent of the total recovered amount, but not less than 114 EUR |
|
850 - 1 150 EUR |
36 EUR |
17 percent of the total recovered amount, but not less than 153 EUR |
|
1 150 - 1 500 EUR |
40 EUR |
16 per cent of the total recovered amount, but not less than 196 EUR |
|
1 500 - 2 000 EUR |
48 EUR |
15 per cent of the total recovered amount, but not less than 240 EUR |
|
2 000 - 2 600 EUR |
56 EUR |
14 percent of the total recovered amount, but not less than 300 EUR |
|
2 600 - 3 200 EUR |
64 EUR |
13 percent of the total recovered amount, but not less than 364 EUR |
|
3 200 - 4 400 EUR |
80 EUR |
12 percent of the total recovered amount, but not less than 416 EUR |
|
4 400 - 8 700 EUR |
100 EUR |
10 percent of the total recovered amount, but not less than 528 EUR |
|
8 700 - 14 500 EUR |
140 EUR |
8 percent of the total recovered amount, but not less than 870 EUR |
|
14 500 - 29 000 EUR |
180 EUR |
6 percent of the total recovered amount, but not less than 1 160 EUR |
|
From 29 000 EUR |
220 EUR |
4 percent of the total recovered amount, but not less than 1 740 EUR |
Creditor shall pay administrative fee when enforcement process is impossible of debtor insolvent. The administrative fee consists of general and additional expenses. General expenses depend on the maintenance debt. Additional expenses depend on particular operations performed by judicial officer.
Enforcement duration and possible prices
The duration and prices of procedures depend on the nature and size of debt: the larger the debt and the longer the enforcement procedure, the more enforcement costs are accrued. Pursuant to Art. 609 of the Code of Civil Procedure, enforcement costs comprise of: 1) costs of administration of enforcement proceedings necessary for the execution of mandatory actions in all enforcement proceedings; 2) additional costs of administration of enforcement proceedings incurred during the execution of separate actions in specific enforcement proceedings; 3) remuneration to judicial officers for the enforcement of enforceable titles prescribed by law, statement of factual circumstances by court order, and the transfer and service of documents by court order.
Debt – up to EUR 1001: recovery may take from 15 days to 1-3 years. Fastest recovery is achieved via the simplified recovery process where the debt and its recovery costs are recovered from the funds held in the person's bank account. In this case, recovery costs around 31 euros (excluding remuneration to the judicial officer). If there are no funds in the person's bank account and recovery is commenced under general procedure, recovery costs around 111 euros.
Debt – EUR 1 0002: recovery may take from 1 month to 1-5 years. Fastest recovery is achieved when a person pays the debt and all recovery costs within the deadline of 10 days specified in the judicial officer's notice.
In this case, recovery costs around 52 euros (excluding remuneration to the judicial officer). If payment is not provided within 10 days and more enforcement measures must be applied to recover the debt, recovery costs shall increase to EUR 222.
Debt – EUR 20 0003: recovery may take from 2-3 months to 1-10 years. Relatively large debts are almost never repaid within the 10 day period specified in the judicial officer's notice. One of the ways to repay debt faster is to sell the seized property to a buyer proposed by the debtor. The sale of property by auction will not be executed if, prior to the announcement of the auction, an amount that is not less than the value of the seized property specified in the deed of seizure or is sufficient to fully cover all debts and enforcement costs is transferred to the deposit account of the judicial officer. A transaction is executed in place of the forced sale procedure, only in this case the report of sale of the property is approved not by a notary but by a judicial officer. The final price of enforcement may reach from EUR 1 540 to 1 730, depending on whether an auction of the debtor’s property was announced during the proceedings, and on the property valuation price.
1,2,3 The prices quoted are are indicative only (based on general information). The exact price in a particular enforcement case is calculated by the judicial officer.