Amended Law on Enforcement 2014 has clearly stipulated the rights and obligations of the judgment debtor compared to the Law on Enforcement 2008, specifically:
The person subject to enforcement has the following rights:
- Voluntarily comply with enforcement; reach an agreement with the person receiving enforcement, or with those who have related rights and obligations, regarding the time, location, method, and content of enforcement; voluntarily hand over assets for enforcement;- By themselves or authorize another to request enforcement as prescribed by this Law;- Be informed about the enforcement;- Request the Court to determine and divide ownership, use of assets; request the Court to explain unclear points, correct spelling or factual mistakes; initiate civil proceedings to protect their legal rights and interests in case of disputes over assets related to enforcement;- Transfer the enforcement obligation to another person as prescribed by this Law;- Request a change of the Enforcer if there are grounds to believe the Enforcer is not impartial in their duties;- Be considered for exemption or reduction of the enforcement obligation; be considered for exemption or reduction of part or all of the enforcement costs as prescribed by this Law;- File complaints and denunciations about enforcement.
In addition to the rights stipulated above, the Law also defines the obligations of the person subject to enforcement to:
- Fully and promptly comply with the judgment or decision;- Honestly declare assets, and conditions for enforcement; provide all documents and papers related to their assets when requested by the competent authority and be legally responsible for the contents of their declaration;- Implement the decisions and requests of the Enforcer in enforcement; notify the civil enforcement agency of any changes in address or residence;- Bear the costs of enforcement as prescribed by this Law.
For more details, see Amended Civil Judgment Enforcement Law 2014 effective from July 01, 2015.
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