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Map of eviction procedure (including court and enforcement procedure)

This presentation provides a comprehensive overview of the eviction procedure, including both civil and enforcement steps. It highlights the important rules, common delays, and problems that occur during the process. A summary report on this topic is also available for further information.

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Map of eviction procedure (including court and enforcement procedure)

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  1. Map of eviction procedure (including court and enforcement procedure) This presentation shows all procedural steps that, according to the relevant legislation, a natural or legal person seeking eviction has to take before the case is decided on the merits, including both civil and enforcement procedures. Together with procedural steps envisaged by law (the de jure map of the eviction procedure), it shows at which steps, as stated by the attorneys frequently involved in such procedures, delays and other problems usually occur, therefore making the procedures often ineffective (the de facto map of the eviction procedure). How to use this presentation To see the most important rules applying to each step, click on the arrow next to the step. To see a brief explanation of how and why delays and other problems occur, click on the black field indicating where those occur. For more information on how the eviction procedure look in practice, see a summary report on the research dealing with this topic, available on the following link: http://mdtfjss.org.rs/archive//file/Mapping%20the%20Way%20through%20the%20Court%20and%20Enforcement%20Procedures.pdf

  2. 1. FILING AN EVICTION CLAIM (Plaintiff’s act) 5. SUBMITTING THE DEFENDANT'S ANSWER TO THE PLAINTIFF 7. PRELIMINARY HEARING OR THE FIRST MAIN HEARING (if Preliminary hearing is not mandatory) 8. MAINHEARING 9. PASSING AND ANNOUNCEMENT OF THE JUDGMENT 11. SERVING THE JUDGMENT 4. DEFENDANT'S RESPONSE 6. SCHEDULING A PRELIMINARY HEARING 10. WRITTEN JUDGMENT STEPS THAT CAN BE UNDERTAKEN AFTER THE DELIVERY OF THE JUDGMENT (STEP 11.) • 2. PRELIMINARY CLAIM EXAMINING (Court action) 3. SUBMITTING A CLAIM TO DEFENDANT TO ANSWER (Court action) • A. ENFORCEMENT PROCEEDINGS • B. APPELLATE PROCEDURE 3A. (OPTIONAL) SCHEDULING OF HEARING BEFORE THE DEFENDANT ANSWERS THE CLAIM De jure map

  3. problems 1. FILING AN EVICTION CLAIM (Plaintiff’s act) 11. SERVING THE JUDGMENT 5. SUBMITTING THE DEFENDANT'S ANSWER TO THE PLAINTIFF 7. PRELIMINARY HEARING OR THE FIRST MAIN HEARING (if Preliminary hearing is not mandatory) 8. MAINHEARING 9. PASSING AND ANNOUNCEMENT OF THE JUDGMENT 4. DEFENDANT'S RESPONSE 6. SCHEDULING A PRELIMINARY HEARING 10. WRITTEN JUDGMENT STEPS THAT CAN BE UNDERTAKEN AFTER THE DELIVERY OF THE JUDGMENT (STEP 11.) problems and delays • 2. PRELIMINARY CLAIM EXAMINING (Court action) 3. SUBMITTING A CLAIM TO DEFENDANT TO ANSWER (Court action) • A. ENFORCEMENT PROCEEDINGS problems delays • B. APPELLATE PROCEDURE 3A. (OPTIONAL) SCHEDULING OF HEARING BEFORE THE DEFENDANT ANSWERS THE CLAIM delays problems problems and delays delays De facto map

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