The Republic of Serbia - Enforcement of Money Judgments

The relevant and applicable law for the enforcement procedure is the Law on Enforcement and Security of the Republic of Serbia reached in 2015, with its latest amendments and addendums in 2019 (hereinafter: the Law). The Law on Amendments to the Law on Enforcement and Security entered into force on August 3, 2019 and will apply from January 1, 2020.The Law introduced a new concepts and legal solutions which are in harmony with most of the European legislation, particularly in terms of the protection of creditors.

The Law prescribes the jurisdiction of the courts for reaching the decisions on enforcement, except in particular, legally prescribed, cases. Furthermore, the general provision is that the enforcement officers conduct the enforcement procedure. The exceptions of this general rule are related to the special cases where the Law prescribes the mandatory competence of the courts as a body that will conduct the enforcement. The parties are obliged to name the enforcement officer that they suggest to conduct the procedure. The purpose of this major implementation was to ensure the efficient procedure of enforcement.

In sense of the question above, it is important to underline that the court is still competent in the procedure of reaching the decision on enforcement. After the court’s decision, the enforcement of foreign money judgments will be continued by the enforcement officers.

Usually the (foreign) money judgments are enforced based on the creditor’s request for transferring the money from the debtor’s to the creditor’s bank account. In case of such enforcement, the National Bank of Serbia and its particular Department for Enforced Payments conduct this transfer after receiving the decision on enforcement. This decision on enforcement is delivered to the National Bank of Serbia by the acting enforcement officer or by the Court.