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Answer: In this case the promissory note may be used as simple IOU. The chances of wining such case are quite high.  

Question 2: A promissory note has been protested and the court adjudged to recover the funds from the debtor. The defendant has no income and lives in a flat owned by his wife. Is it possible to direct the recovery at this property, if there’s no marriage contract concluded between the spouses on the separate ownership of the property (the flat was received and privatized during marriage)? May the recovery be directed at the property located in the flat, if the spouse of the defendant fails to provide documents confirming her ownership rights?  

Answer: It is possible considering that a flat is the joint property of the spouses. Pursuant to Section 99 of the Civil law, in respect of obligations, which a spouse has entered into on his or her own account or without the consent of the other spouse, such spouse shall be held liable firstly to the extent of his or her separate property, but if that is insufficient, also to the extent of his or her share of the joint property of the spouses.  

According to Section 575 Paragraph 1 of the Civil Procedure law, if there’s evidence that the property of a debtor is in the possession of another person, a bailiff shall attach such property in accordance with the general procedures. A person claiming the ownership rights of the attached person may submit a statement of claim for exclusion of such property from the attachment providing the necessary evidence.  

Question 3: A protested promissory note has been submitted to the court in order to recover the debt. The promissory note does not indicate that a debt recovery shall be made by means of the compulsory execution procedure – it is necessary to provide documents proving that the defendant has been warned. What might be used as evidence in this case – a simple postal notification on serving the registered mail to the defendant or the contents of the mail shall be certified at the post as well? If the postal notification is enough, is it valid if it was served to a family member of the defendant?  

Answer: A simple postal notification on serving the mail to the defendant is enough. According to Section 404, Paragraph 3, Clause 3 of the Civil procedure law, evidence that the debtor has been given a warning shall be appended to the application for undisputed compulsory execution of obligations, unless it does not follow from the document itself that such warning is not required. Therefore, if the postal notification has been signed by a family member of the debtor and not the debtor himself, the court may admit that the debtor wasn’t given a warning, i.e. the requirements prescribed in Section 404, Paragraph 3, Clause 3 of the Civil procedure law are not properly fulfilled.  

Question 4: A promissory note wasn’t protested and the statement of claim is submitted in accordance with the general provisions. The place of residence of the defendant is declared in Latvia, but he lives in Norway. What is the procedure for the execution of the court’s decision?  

Answer: It shall be advised to turn to the competent court of Norway with a request to admit and execute the court’s decision on the territory of Norway.

Question 5: Same question, but this time the defendant has moved to United Kingdom for a permanent living.  

Answer: In order to recover the funds from a debtor living in UK on the basis of the court’s decision it is necessary to receive the European Enforcement Order as prescribed in Section 541.1 of the Civil Procedure law.

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