Litigation Notes: Notary's Executive inscription

Notaries and dishonest debtors - a possible scheme

Increasingly, we are faced with disputes on the use of the notary's executive note. For example, the debtor misses the deadline for filing objections to the writ of execution and tries to cancel it through the court, citing non-receipt or late receipt of a copy of the executive note.

As a rule, the dispute is reduced to the presence/absence of confirmation of the executive note copy's delivery. The most reliable means of delivery from this point of view is registered mail with delivery notification. If there is such notification, the court refuses to satisfy the debtor's complaint. It is much more difficult to prove the direction to the debtor's e-mail address provided by the Law "On Notaries."

Some dishonest debtors use the executive note to bypass interim measures. For example, a debtor enters into a false loan agreement with an affiliate. Later, the affiliated person applies to the notary for an executive note under the loan agreement and, with the debtor's full assistance, presents it for enforcement. At the same time, the rights of creditors who try to recover the debt in court are infringed since interim measures imposed in court proceedings do not prevent the recovery of money from the debtor in enforcement proceedings.