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Application for release of income not subject to seizure

  Debtor’s name   
  Address   
  Telephone number   
  E-mail address   
  Enforcement case no.   
 
Tartu bailiff
Oksana Kuchmei
Ülikooli 2 (5th floor), Tartu 51003
info@tartutaitur.ee
   
 
Application
for release of income transferred to account from seizure


Please release from seizure the income received on my current account on the conditions and to the extent specified in §§ 131, 132 and 133 of the Code of Enforcement Procedure.

I hereby inform that on my current account 
in bank
the following will be received:
Support, benefit or pension     No  Yes
 
Income required for performance of the maintenance obligation arising from law or payment of alimony    
No  Yes
Wages in the amount not subject to seizure     No  Yes
 
Documents enclosed with the application: Employment contract     No  Yes
Current account statement     No  Yes
Birth certificate(s)     No  Yes
 
 
I confirm that the submitted data are correct.
applicant’s first name and surname, signature or digital signature date
 
Legal basis: §§ 131, 132 and 133 of the Code of Enforcement Procedure.
 
Income will not be seized if it does not exceed the amount of minimum wages prescribed for one month or a corresponding proportion of income for a week or day. Up to two-thirds of an amount equivalent to five times the minimum wages may be seized, and all the income which exceeds an amount equivalent to five times the minimum wages may be seized out of the proportion of income exceeding the amount not subject to seizure, provided that the amount subject to seizure does not exceed two-thirds of the total income. This provision does not apply if a claim for support is subject to compulsory execution.

A bailiff indicates in an instrument of seizure that the amount equal to the minimum monthly wage is not subject to monthly seizure and indicates, on the basis of the data known to him or her, the amount not subject to seizure per dependants of a debtor.

On the basis of an application of the debtor, a bailiff annuls the seizure within three working days to the extent that guarantees the income not subject to seizure for the debtor (taking into account the restrictions provided for in §§ 131 and 132 of the Code of Enforcement Procedure). If the income of more than one month is transferred to a debtor’s account, a bailiff shall, on the basis of an application of the debtor, annul the seizure of the account within three working days to the extent that guarantees the income not subject to seizure for the debtor per prepaid month in adherence with the restrictions provided for in §§ 131 and 132 of this Code. If the period for use of the income transferred to the debtor’s account cannot be determined, a bailiff transfers the income per month not subject to seizure to the debtor.

Until resolution of an application, a bailiff may suspend transfer of money to claimants from a seized account and release the account from seizure to the extent that is required to maintain a debtor and his or her family member.