Pursuant to the Criminal Procedure Act, enforcement for the purpose of achieving a monetary claim is also determined on the basis of an authentic document.
According to this law, an authentic document is a promissory note and cheque with a protest and a return invoice if they are necessary for establishing a claim and invoices or excerpts from the business books for the price of utility services for the supply of water, heating and garbage disposal.
An authentic document is eligible for enforcement if the enforcement claimant and the Executee are indicated in it, as well as the subject matter, type, scope and time of fulfillment of the obligation.
“Protest” represents the raising of a protest with a protest body authorized by law against the person against whom the protest is being raised. The protest is filed with the local competent court for the person against whom the protest is filed.
Pursuant to the Law on Promissory Notes, the promissory note must contain: a transcript of the protested promissory note or the protested promissory note, as well as all statements or notes thereon; if the protest is raised for a promissory note issued in a foreign language, then a translation of the promissory note must be attached, with the certificate of the person raising the protest; the name or company of the person on whose request and against whom the protest is being raised; the need that the requested person did not perform the act required by the promissory note or that the protest authority could not find it in his business office or apartment, or if it did, that he could not communicate the request to him for any reason; the place, day, month, year and hour when, and the place where the protest procedure was taken or unsuccessfully tried; the date of the protest, the number under which he was registered in the protest register, the official signature of the protest authority, as well as the seal.
In the case in which this office represented the creditor on the basis of the promissory note due on 30 October 2019, an enforcement procedure was initiated on the basis of which the Executee was obliged to pay to the Enforcement Claimant the amount of BAM 62,009.72.
Considering that the Executee had not settled his obligations on the basis of the issued promissory note, the Enforcement Claimant proposed to the Court to issue a Decision on Enforcement by which, on the basis of the promissory note protested on 30 October 2019 at the Municipal Court in Sarajevo, it will allow and order enforcement against the Executee for the collection of a monetary claim in the amount of BAM 62,009.72, with legal default interest starting from 30 October 2019 until the date of payment, the costs of the protest in the amount of BAM 55.00, as well as the costs of the enforcement procedure whatever they may be.
If you need counseling on the subject of Promissory Note Protest – initiation of enforcement on the basis of an authentic document or you need a commercial law attorney in Sarajevo for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).