Procedure for Distribution of the Amount Levied in Execution

 

Distribution among the claimants of the amount derived from realization of the debtor’s property shall be performed by the compulsory enforcement officer.

 

The amounts levied from the debtor, as well as the amounts derived from realization of debtor’s property and from the value of property subject to confiscation shall be distributed in the following sequence in case of more than one claimant:

  • firstly, claims secured by a pledge on the debtor’s property shall be satisfied;
  • secondly, judicial and enforcement expenses shall be covered;
  • thirdly, the amount of the fine imposed on the debtor during compulsory enforcement shall be paid;
  • fourthly, claims pertaining to alimony obligations, obligations to compensate damage caused to life or health, as well as obligations to compensate damage emanating from the commitment of a crime shall be satisfied;
  • fifthly, claims for payment of remuneration under employment and copyright contracts and claims for compulsory social contributions resulting from their satisfaction shall be satisfied;
  • sixthly, obligations towards the State Budget of the Republic of Armenia and community budgets, as well as obligations deriving from compulsory state social security contributions shall be satisfied;
  • seventhly, claims of the rest of the claimants shall be satisfied in accordance with the sequence of submission of the writ of execution, except for cases provided for in this Article.

 

The claims in each category shall be satisfied only after fully satisfying the claims of the preceding category.

 

The claims of the writs of execution submitted on the same day by the claimants of the same category shall be satisfied proportionally to the amounts subject to satisfaction.

 

Where, at the time of submission of the writ of execution on levy of execution on debtor’s property, it became clear, that before the day of submitting the writ of execution for enforcement, measures for securing the action have been applied to the property of the same debtor, only such property of the debtor to which no measures for securing the action have been applied may be levied in execution. Levy of execution may be performed on the property to which measures for securing the action have been applied, provided that the court has dismissed or rejected the action. Where the action – involving a claim to which measures securing the action have been applied – has been satisfied, and the party has submitted an appropriate writ of execution, claims of the claimant that has applied a measure for securing the action shall, while imposing levy of execution on the debtor’s property, be satisfied firstly, if the claimants are considered to be claimants of the same category.

 

After satisfying all the claims of the claimants and levying enforcement expenses, the remaining amount shall be returned to the debtor.

 

Source: Iravaban.net

 

Հետևեք մեզ Facebook-ում

  Պատուհանը կփակվի 6 վայրկյանից...   Փակել