FAQ

• I received an enforcement notice from the enforcement agent. What to do?

  If you have received a enforcement notice, be sure to read the contents of the documents. The notice of enforcement indicates the deadline for voluntary enforcement. If you pay the entire debt or enter into a payment schedule within the period of voluntary enforcement, you must pay only half of enforcement agent fee.

  If you are unable to pay the debt within the deadline specified in the enforcement notice, the enforcement agent has the right to seize the assets belonging to you, including the bank account(s).

  In order to maintain the monthly minimum subsistence level, you must immediately inform the enfocement agent of your assets and dependants. You can find the application form for using non-custodial income HERE.

  You can also read additional information in the menu section Your rights and obligations.

• What does voluntary compliance time mean?

  During the period of voluntary compliance, the enforcement agent will give you the opportunity to pay the debt voluntarily. During this period, your bank account or other assets will generally not be seized.

  It is important to know that the deadline for voluntary compliance starts to run from the moment the documents are served to you.The enforcement notice are has been received 3 (three) working days after they were sent.

  It is important to know that if you pay the entire debt or enter into a payment schedule within the period of voluntary enforcement, you must pay only half of enforcement agent fee. If you are unable to pay the debt within the deadline specified in the enforcement notice, the enforcement agent has the right to seize the assets belonging to you, including the bank account(s) and you have to pay a enforcement fee in full amount.

  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. In most cases the time limit may not be less than 30 days.With the consent of the claimant, the enforcement agent may set a time limit for voluntary compliance with the enforceable title which is longer than 30 days. 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.

  The Code of Enforcement Procedure also provides for certain exceptions. 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.

• What is the subsistence minimum that can use?

  Every citizen must be guaranteed a minimum subsistence level, i.e. a non-seizeble income, the amount of which is the minimum wage. If, by law, you have dependant, the non-custodial amount for each dependant will increase by one-third of the minimum wage in one month.

  The above circumstance does not apply if there is a child maintenance claim in the enforcement of a enforcement agent.

  You must immediately inform the enforcement agent if non-seizeble income is due to be received in your bank account. If necessary, the enforcement agent has the right to demand that you submit a bank account statement or other documents as evidence.

• Why hasn't the enforcement agent left me the opportunity to use the subsistence minimum?

  The enforcement agent will not be able to see which bank account your income will be transferred to. Therefore, you must inform the enforcement agent of your dependants and submit an application to maintain the minimum subsistence level. You can find the application form for using non-seizeble income HERE.

  If a enforcement agent has attached your bank account, which has prevented you from using the minimum subsistence level, you can fill in an application for a refund. The application must be submitted within three (3) working days.

  You can find the application form for the return of non-seizeble income HERE.

• What income can not be seized by a enforcement agent?

  You must immediately inform the enforcement agent if non-seizeble income is due to be received in your bank account.

  If necessary, the enforcement agent has the right to demand that you submit a bank account statement or other documents as evidence.

  Earnings that cannot be levied upon (Section 131 of the Code of Enforcement Procedure):

  • a state family allowance;
  • social benefits for disabled persons;
  • social benefit within the meaning of the Social Welfare Act;
  • unemployment allowances, grants, transport and accommodation benefits and business start-up subsidy paid through the Estonian Unemployment Insurance Fund;
  • compensation paid for causing of a bodily injury or health disorder, except compensation for loss of earnings and compensation for non-pecuniary harm;
  • a work ability allowance;
  • statutory maintenance;
  • health insurance benefit within the meaning of the Health Insurance Act, except benefits for temporary incapacity for work;
  • compensation for victims of criminal offences;
  • State pension to the extent provided by law;
  • allowance on discharge from prison;
  • a repressed person’s allowance paid under the Persons Repressed by Occupying Powers Act

  The are exceptions (Section 131 of the Code of Enforcement Procedure). 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 claimant 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 below:

  • compensation paid for causing of a bodily injury or health disorder, except compensation for loss of earnings and compensation for non-pecuniary harm;
  • a work ability allowance;
  • statutory maintenance.

  You must immediately inform the enforcement agent if non-seizeble income is due to be received in your bank account.

• Can I get a payment schedule?

  To apply for a payment schedule, you must submit an application to the enforcement agent. You can find the payment schedule application form HERE.

  The application for the payment schedule must also be accompanied by a bank statements for the last 6 (six) months.

  After receiving your application, the enforcement agent will forward your application to the claimant for review. If the claimant agrees to enable the schedule, the enforcement agent will prepare a payment schedule with you. If the claimant does not give his accept, the enforcement proceedings will continue in the normal way.

• Why do I need to send my bank account statement to the enforcement agent?

  The enforcement agent will not be able to see the movement of money in your bank account, as this information is subject to banking secrecy. As a result of submitting the bank account statement, you have the opportunity to prove which income is received in your bank account.

• My bank account has been attached. Why, in addition to my employer, did the enforcement agent send an act of attachment of income?

  The enforcement agent has the right to perform actions of the enforcement procedure, as a result of which the claim submitted by the claimant is satisfied. Therefore, in addition to attaching your bank account, the enforcement agent will also forward the act of attachment of income to your employer.

  Your bank account and salary will be released from attachment after all debts have been paid.

• I have partially paid the enforcement agent. How can I find out the remaining amount of the enforcement case?

  To find out the remaining amount, you can contact the enforcement agent`s office by phone or by filling out the contact formHERE.

• How long does it take for the enforcement agent to release my bank account from attachment?

  If the amount required in the enforcement procedure is received in the bank account of the enforcement agent, the enforcement agent will immediately release your bank account and property from seizure.

• I paid the debt to the enforcement agent. When does the enforcement agent transfer the money to the claimant?

  According to the law, the enforcement agent transfers the recovered money to the claimant within 4-10 working days from the day of receipt to the account of the enforcement agent.

• When does my debt expire?

  Expiry of limitation periods and the procedure for expiration are different for different enforcement documents. There may also be other expiration circumstances that interrupt or stop the expiration.

  If the enforcement document is a court desicion or order in a civil case, the expiry of limitation period is 10 years. The statute of limitations is not applied automatically, for this the debtor must submit an application to the enforcement agent. You can find the necessary formHERE.

  You can read more detailed information about the expiration of depts on the website of the Chamber of Bailiffs and Trustees in Bankrupcy: kpkoda.ee.

• How and where can I file a complaint against the enforcement agent`s actions?

  If you are not satisfied with the enforcement agent's actions, you have the right to file a complaint against the enforcement agent's decision or action. The complaint must be submitted in free form, but it must contain:

  • the name of the complainant;
  • enforcement case number and claimant or deptor contacts;
  • the complaint is filed about which activity;
  • what is the violation of the enforcement agent;
  • which is requested by the complaint.

  The complaint must be signed by the complainant.

  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. 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. 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.

• How can I find out which enforcement agent has the enforcement case against me?

  You have the right to receive information about the enforcement cases against you. For this purpose, it is possible to submit a corresponding request either to the Chamber of Bailiffs and Trustees in Bankruptcy or through the citizens' portal www.eesti.ee from the section ’Minu vastu algatatud täitetoimikud’.

  Please note that only the amount of the basic claim is visible there. To find out the exact amount of the enforcement case or other information, you must contact the enforcement agent.