Residents are not using the faster and more effective method to claim debts, the Lithuanian Chamber of Notaries says
In spite of thousands of claims of non-fulfilment of monetary obligations reaching Lithuanian courts, residents and legal entities are not using the simplified legal opportunity to claim debts through a notary.
Society seems to avoid taking advantage of the legal opportunity, which came into effect two years ago, to turn to the notary for non-fulfilled obligations, and after obtaining an executive statement, to bypass the court entirely, immediately seeking a bailiff. The amendments that came into force on January 1, 2016, state that a notary may issue executive statements according to notarized agreements.
“We can see that in two years, only seldom do notaries issue executive orders for the non-fulfillment of monetary obligations according to notarized agreements. Meanwhile, Lithuanian courts are trying thousands of cases, where residents or companies complain about non-fulfilled monetary obligations, money not returned,” said the president of the Lithuanian Chamber of Notaries, Klaipeda notary Marius Stračkaitis.
According to National court administration data, there have been more than 30 thousand cases for various obligations, non-fulfillment of monetary obligations and the legal consequences thereof registered in the Lithuanian Court Information System (LITEKO) in 2016-2017.
Up until 2016, when the mentioned Notariat amendments came into force, persons for monetary obligations and liabilities that were, in their opinion, non-fulfilled, had to seek qualified assistance from a lawyer, be present in court proceedings, and after the courts have made their decisions, only then could they seek bailiffs for debt collection. From the beginning of 2016, if a person does not receive payment according to a notarized purchase-sale or any other agreement, they may simply inquire at the notary, who issues an executive statement, and bypassing other instructions, the person may go straight to the bailiff to collect the debt not paid.