What must be completed (by the principal, the debtor, or each) so that cash that belongs to the principal, and never the debtor, shouldn’t be seized by the bailiff? What paperwork, the place and to whom have to be offered as a way to show to the bailiff that this cash is the property of one other particular person, and it’s only saved within the debtor’s account till it turns into attainable to switch the cash to the proprietor? bb.lv reader”
Richard Bunka, Chairman of the Latvian Attorneys’ Affiliation, solutions:
– If the debtor’s account has been seized by a bailiff, because of this all funds on this account can be used to repay the debt/money owed in reference to which this arrest was imposed. Together with cash from the sale of actual property owned by the principal (the non-resident of Latvia talked about within the query).
On this case, it doesn’t matter the place the funds got here to the debtor’s account and who they really belong to: the principle factor is that in the mean time when the debtor’s account was seized, they have been purely bodily within the debtor’s account.
In fact, the principal, a non-resident of Latvia, on whose behalf the property was offered, in all probability has each an influence of legal professional and paperwork confirming the actual fact of the transaction (sale of actual property), on account of which the debtor’s account acquired a specific amount. Nonetheless, this doesn’t imply that this quantity can be returned to him instantly. It will solely assist him “get in line” with collectors and look ahead to his trustee to repay his precedence money owed and start to pay him for the offered property.
Nonetheless, one should perceive that this course of could be very, very gradual: first, money owed to the state are repaid (particularly, within the particular person of the State Income Service), then come the plaintiffs, in whose favor a courtroom determination was made, applied by the bailiff, and solely then all the remainder.
Thus, the grantor could be the final on the listing of those that will (if ever) be reimbursed for the property offered.
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2024-07-01 11:54:04