The new Law brings additional benefits for executive debtors from a social point of view, through new enforcement limitations.
First of all, incomes stemming from the law that regulates financial support for families with children are exempted from enforcement. So far, this solely applied to child support benefits, but the new legal regulations provide complete and more comprehensive protection for mothers on maternity leave and children while respecting the principle of proportionality.
Furthermore, the imposed amounts of the execution within the incomes of the natural persons have been reduced. Hence, enforcement against wage or salary, compensation in lieu of wage or salary, may be carried out up to its half amount. If the amount of salary does not exceed the amount of average net earnings according to the latest information from the Statistical Office of the Republic of Serbia, the execution may be carried out only up to a third of the income amount. In those cases when the aforementioned incomes are equal to or smaller than the minimum wage determined in accordance with the law, the enforcement may be carried out only to a quarter of their value.
When it comes to pension, enforcement against it may be carried out up to one third out the amount, except when it doesn’t exceed the amount of the average pension according to the last published data of the Republic’s Fund for Pension and Disability Insurance – in that case, the enforcement may be carried out up to one-quarter of its amount. Enforcement against a pension whose amount is not bigger than the lowest prescribed amount of a pension may be carried out up to its tenth.
In order to settle the claims based on statutory maintenance, the enforcement against the aforementioned incomes may be carried out up to one-half of the income.
The judgment debtors whose incomes were the object of the enforcement contrary to the new regulations can protect their rights by filing an appeal against the writ of execution. In addition, legal certainty is significantly improved by the present regulation, which prescribes severe disciplinary measures for those public enforcement officers who violate the new provisions.
If the public enforcement officer establishes that the enforcement had been implemented contrary to the aforementioned limitations, he is obliged to provide a refund of the excess transferred funds to the account of the enforcement debtor, in order to establish the balance of the principle of equity.