Powers and authority
The statutory powers of the private enforcement agent are generally set out in the Civil Procedure Code and the Private Judicial Enforcement Act. For performing its duties, an enforcement agent has the following statutory powers:
- The enforcement agent may access debtor’s home, other premises and buildings, belonging to the debtor, as well as to carry out a search and seizure for the purpose of locating debtor’s property.
- The enforcement agent has access to information held by all judicial and government authorities, including but not limited to the National Revenue Agency, the Social Security Administration, the Central depository, Traffic Police, Company and Property Register and all other authorities, keeping property registers or administering data, related to the debtor’s property rights.
- The enforcement agent can make inquiries about the debtor related to the matter of debt collection, as well as to obtain copies and excerpts of relevant documentation.
- The enforcement agent may, as necessity requires, request the office of the Ministry of the Interior to ban motor vehicles under injunction from moving for up to 3 months.
- The enforcement agent can use all statutorily provided means for collection and repayment of the outstanding debt.
Police and local authorities (offices of district and city mayors) are obliged to assist the enforcement agent upon request, provided that there are unlawful objections and/or actions, hindering the execution of the agent’s duties. In case the personal presence of the debtor is needed at site, the enforcement agent may order to the police authorities to ensure the debtor’s presence. When necessary, the enforcement agent can access the debtor’s personal data.