The collection procedure includes, inter alia, contact with the debtor, sending a warning prior to the lawsuit, conducting civil proceedings, and initiating the enforcement procedure in order to pay the creditor. In certain situations, the creditor must file a claim within the bankruptcy procedure conducted over the debtor’s assets, i.e., the creditor must file a motion to initiate a bankruptcy procedure against the debtor as the most effective way to protect his own rights.
If the creditor does not have a registered lien on the debtor’s movable or immovable assets, or if he does not have a bill of exchange, the creditor will, in most cases, initiate civil proceedings with the aim of acquiring an enforceable title.
In a case where this office represented the plaintiff in a Debt collection in Bosnia and Herzegovina (Inkasso in Bosnien und Herzegowina),, the verdict of the Municipal Court in Sarajevo, case number 65 0 P 853815 20 P of 26 May, 2022, accepted the plaintiff’s claim and ordered the defendant to pay the due liability in the amount of BAM 254,385.13 (EUR 130,065.05).
We also successfully protected the creditor’s rights in a Debt collection in Bosnia and Herzegovina (Inkasso in Bosnien und Herzegowina), where the verdict of the Municipal Court in Sarajevo, case number 65 0 Ps 765041 19 Ps of 21 February, 2020, accepted the claim and ordered the defendant to pay the due liability in the amount of BAM 1,227,935.23 (EUR 627,833.31). The aforementioned verdict was confirmed by the Cantonal Court in Sarajevo by a verdict in case number 65 0 Ps 765041 20 Pž of 17 May, 2023, whereby the creditor obtained an enforceable title to settle his claim in an enforcement procedure.
Also, the District Commercial Court in Banja Luka, after conducting the procedure on 30 March, 2023, issued a judgment in the case number 57 0 Ps 139210 22 Ps ordering the defendant to pay the monetary claim in the amount of BAM 97,450.44 (EUR 49,825.61) and settle the accrued penalty interest in the amount of BAM 8,707.14, and to reimburse the plaintiff for the cost of litigation in the amount of BAM 6,083.12. As the defendant did not appeal, this judgment became final and enforceable, and the creditor initiated the enforcement procedure against the debtor in order to settle his claim.
If you need advice concerning in a Debt collection in Bosnia and Herzegovina (Inkasso in Bosnien und Herzegowina) as a company, shareholder, managing director, or founder, or if you need a corporate law attorney in Sarajevo for your company or your business idea, then you have come to the right place. You can contact our corporate law attorneys directly by telephone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).