Bailiff Can Organize Registration of Property in Debtor's Name

The Enforcement Service of the Republic of Armenia informs that as of August 4, 2019, amendments have come into force regarding the Law on Enforcement of Judicial Acts, granting bailiffs a new authority to organize the registration of properties or property rights subject to registration or accounting in the name of the debtor.

In particular, according to Article 43 of the Law on Enforcement of Judicial Acts, in cases where the debtor has no other property, has insufficient assets, or when the property is encumbered, or in cases where the debtor's property is their only residence, which is not subject to confiscation under the 6th point of part 1 of Article 51 of this law, the bailiff shall, with a decision, instruct the debtor to register (account) unregistered (not accounted) properties or property rights subject to registration in the name of the debtor based on a court act, a certificate of inheritance, or another title document, establishing the deadline for presenting the documents confirming the registration (accounting) to the bailiff.

Upon the debtor's request, the bailiff may extend the deadline for executing the instruction. If the debtor fails to fulfill the bailiff's instruction within the specified period, the bailiff shall, as the representative of the debtor, organize the registration (accounting) of the property or property rights in the name of the debtor, unless the debtor substantiates the fact that they were unable to comply with the instruction due to circumstances beyond their control.

The costs incurred for the registration (accounting) of the property or property rights subject to registration in the name of the debtor shall be collected from the debtor in triple the amount as enforcement costs.