Bailiff
shall perform official activities in the
territory of such regional court as to which he or she is assigned. A
person has the right to freely choose a bailiff in compliance with the
restrictions specified in LB. Bailiff shall not have the right to refuse to
accept for execution an execution document, an excerpt from a notarial deed regarding
termination of an inheritance matter or an invitation by a sworn notary
regarding the protection of an estate if this is in the jurisdiction of his or
her district. (Section 71, LB).
Bailiff has a duty to perform official activities in
order to enforce the following adjudications of the court, other authorities or
officials regarding:
1)
recovery;
2)
securing of a claim;
3) vacating
of a dwelling (eviction);
4)
being put in possession;
5)
removal of specific objects from a debtor and transferring to an enforcer of
the debt, as well as the performance of other activities specified in the
execution document;
6)
forced fulfilment of obligations;
7)
organization of an auction for voluntary auctioning of immovable property
through the court;
8) confiscation
of property.
Bailiff
has a duty also to perform other tasks given by the court which are related to
the fulfilment of court adjudications, and also other activities prescribed by
laws, e.g. to take over a property that has been recognized as a property
without heirs and escheats to the State, and ensure its management, protection
and sale, as well as the satisfaction of the submitted claims of creditors in
respect of the property concerned.
Upon the request of interested persons a bailiff shall
perform the following official activities:
1)
deliver court summons and other documents;
2)
record facts;
3)
perform inventory of property for the purpose of division of joint property or
for inheritance matters;
4)
organize public auctions;
5) as
a certified mediator, shall conduct mediation in accordance with the provisions
and procedures laid down in the Mediation
Law.
Bailiff after agreement with an interested person
shall be permitted:
1) to
obtain documents from State, local government or private institutions, and
officials and private persons that are necessary for him or her to perform
professional activities;
2) to
prepare a settlement in the stage of fulfilment of adjudications of the court
and other authorities;
3) to
provide legal assistance in drawing up documents and consulting in issues that
are related to the execution of adjudications of courts and other authorities.
Bailiff
is prohibited to provide legal assistance in relation to matters in which he or
she has performed the official activities referred to in Sections 73 and 74 of LB.