When it comes to executing legal actions, every participant has the right to file an objection if they believe the enforcement agent acted unlawfully or failed to undertake a required legal action. In this guide, we will explore how the process of filing an objection against an enforcement action works in Macedonia, how to file it, and what to expect.
When Can You File an Objection?
According to Macedonian law, an objection can be filed by a party, participant, or third party if they believe that the enforcement agent:
- Acted unlawfully.
- Failed to undertake a required legal action.
- Any Action of the Enforcement Agent: An objection can be filed against any action of the enforcement agent, including failure to act.
The objection is submitted to the basic court in the jurisdiction where the enforcement is being carried out or part of it. For cases where the main claim value exceeds 10,000 euros, the objection must be prepared by a lawyer.
How to File an Objection?
- Preparation of the Objection: The objection must be explained, argued, and supported with appropriate evidence. It must include the lawyer’s stamp and signature, except in cases where the party is the Republic of Macedonia or another legal entity such as a bank, savings bank, financial company, etc.Deadline for Submission: The objection must be submitted within three days of realizing the illegality, but no later than three months after the action was taken. The maximum deadline for submission is 15 days from the date of the settlement is done.
Objection Process
- Submission of the Objection: The objection is immediately, but no later than 48 hours after receipt, forwarded to the court and the enforcement agent, who must respond within 24 hours.
- Response to the Objection: The court may hear the parties, participants, and the enforcement agent before making a decision. The court decides on the objection within 72 hours after the deadline for the agent’s response.
- Court Decision: The court can dismiss, reject, or uphold the objection. If the objection is upheld, the court determines the illegalities and nullifies the executed actions.
Common Mistakes When Filing an Objection
Many people often file an objection claiming they never received the lawsuit or decision. It is important to note that this is not a valid reason for an objection against an enforcement action. In such cases, a procedure for annulment of clauses should be initiated instead of filing an objection against enforcement.
Examples of Unfounded Objections:
Non-receipt of the Lawsuit or Decision: Filing an objection with the explanation that you never received the lawsuit or decision is not a valid reason for an objection against enforcement. In this case, a procedure for annulling the clause of finality or legality should be initiated instead. This type of objection can incur additional costs and is not legally justified.
Appeal Against the Decision
If you are not satisfied with the decision, you have the right to appeal to the Appellate Court through the basic court that issued the decision. The appeal must be submitted within three days of receiving the decision.
Filing an objection against an enforcement action is an important legal mechanism that ensures the protection of your rights. If you need legal assistance or advice on filing an objection, Vanevski Law Office is here to provide professional support at every step of the process.
For more information and legal assistance, contact Vanevski Law Office, where you will receive professional advice and support throughout the process.