For this reason, the Law provides means for

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The creditor to achieve his intention and reach the debtor's assets, when the latter does not make payment. Among these legal mechanisms, there is premonitory endorsement, a hot topic here. What is the premonitory endorsement for? The premonitory endorsement is nothing more than the act by which publicity is granted to the execution , after the judge has issued the initial order receiving this procedure, in order to prevent the executed party from emptying its assets to the point of becoming insolvent and, with This frustrates the purpose of the creditor, in addition to making it impossible for the third party in good faith to be harmed.

The possibility of premonitory registration of execution in the records of the defendant's assets is provided for in article 828 of the Code of Civil Procedure: “Art. 828. The creditor may obtain a Albania Phone Number certificate that the execution was admitted by the judge, with identification of the parties and the value of the case, for the purpose of registering properties, vehicles or other assets subject to seizure , seizure or unavailability. § 1 Within 10 (ten) days of its implementation, the creditor must communicate to the court the annotations made. § 2 Once the seizure of assets sufficient to cover the value of the debt has been formalized, the creditor will provide, within 10 (ten) days, the cancellation of the annotations relating to those not seized.




Download a spreadsheet to control cash flow and monitor the finances of your law firm In case of execution fraud As a rule, the debtor responds for the debt with his present and future assets, however, it is not uncommon that in order to safeguard his assets, the debtor transfers ownership to third parties, in which case fraud in the execution of the debt is recognized. premonitory endorsement, and the asset may be subject to seizure , even if it is already in someone else's name. To this extent, it can be said that granting publicity to the execution procedure is an extremely important measure to facilitate the creation of fraud in execution, as can be seen from reading article 792 of the CPC, which provides: “Art.