Enforcement and debt collection in Serbia: getting paid when the debtor does not pay

What enforcement is based on

Enforcement may be sought on the basis of an enforcement title, such as a final and enforceable judgment or a court settlement, or on the basis of an authentic document, such as an invoice, a bill of exchange, a cheque or an extract from business books.

How the procedure works

The creditor files a motion for enforcement with the court. The court issues a writ of enforcement, which is, as a rule, carried out by a public bailiff. The debtor may file an objection. In enforcement based on an authentic document, such as an invoice, the debtor's objection leads to the dispute continuing as civil litigation, so it is important that the documents are complete from the outset.

Means of enforcement

A debt can be collected from the debtor's bank account, salary or pension, or by selling movable or immovable property. As a rule, up to two thirds of a salary may be seized, and up to one half if the debtor earns the minimum wage.

Costs

The costs of the proceedings and of the bailiff are advanced by the creditor, but are ultimately reimbursed by the debtor, together with the debt and statutory default interest.

Before you start

Check whether the debt is time-barred, keep invoices, contracts and correspondence, and send the debtor a final reminder before legal action. A properly drafted motion saves months.

This guide provides general information on Serbian law and is not legal advice for a specific case.