Bailiffs and enforcement proceedings

What is an enforcement instrument and when can you turn to a bailiff?

Enforcement instruments are listed in the Act (TMS § 2 lg 1) [2], for example:

• a court judgment or ruling in a civil matter that has entered into force or is subject to immediate enforcement (TMS § 2 lg 1 p 1) [2];
• a decision of a rent committee (üürikomisjon) that has entered into force (TMS § 2 lg 1 p 7) [2];
• a decision of a labour dispute committee (töövaidluskomisjon) that has entered into force, a decision subject to immediate enforcement, and a ruling approving a compromise (TMS § 2 lg 1 p 7³) [2];
• a notarised agreement on a monetary claim under which the debtor, after the claim fell due, consented to immediate compulsory enforcement (TMS § 2 lg 1 p 18) [2].

Recovery against the debtor's assets is carried out by the bailiff in whose area the debtor's residence or seat, or the debtor's assets, are located (TMS § 4 lg 1) [6].

You cannot wait forever with an enforcement instrument: the limitation period for enforcing a claim recognised by a court judgment that has entered into force, or a claim arising from another enforcement instrument, is ten years (TsÜS § 157 lg 1) [7]. If the instrument recognises a claim arising from unlawfully caused damage, the period is 20 years (TsÜS § 157 lg 1¹) [7]. The period starts when the judgment enters into force or the other instrument is issued, but not before the claim falls due (TsÜS § 157 lg 2) [7]. For claims arising from recurring obligations that fall due in the future, the limitation period is three years for each individual obligation, and for child maintenance claims ten years for each individual obligation; these periods start at the end of the calendar year in which the claim falls due (TsÜS § 157 lg 4 and 5) [7].

How do enforcement proceedings start?

The claimant files a written application with the bailiff stating the bailiff's name, the details of the claimant and the debtor and, if possible, information about the debtor's assets (TMS § 23 lg 2) [1]. The enforcement instrument is attached as an original or a notarised copy; a court judgment may be submitted as a copy certified by the court office (TMS § 23 lg 4) [1].

The bailiff then serves a notice of enforcement (täitmisteade) on the debtor, and the proceedings are deemed to have commenced on its service (TMS § 24 lg 1 and 2) [8].

If neither the law nor the court decision sets a period for voluntary compliance, the bailiff sets it, and as a rule it may not be shorter than 30 days (TMS § 25 lg 1) [3]. For a periodic child maintenance claim the period may not be longer than ten days (TMS § 25 lg 1¹) [3].

What can be seized, and how much?

Income includes in particular wages, daily allowances, pension, dividends and benefits with a monetary value received in connection with an employment or service relationship (TMS § 130 lg 1¹) [9]. Recovery may also be directed at the debtor's bank account; if the account does not hold enough money at the time of seizure, amounts received later are also deemed seized (TMS § 115 lg 1 and 2) [10].

The law protects part of the income:

• Minimum. Income is not seized if it does not exceed the minimum wage set for one month (TMS § 132 lg 1) [4].
• Dependants. If the debtor maintains another person by law or pays them maintenance, the protected amount increases by one third of the monthly minimum wage for each dependant; this does not apply when child maintenance is being enforced (TMS § 132 lg 2) [4].
• The rest. Of the income above the protected amount, two thirds may be seized up to an amount equal to five minimum wages, and all income above that, provided that the seized amount does not exceed two thirds of the total income; this does not apply when a maintenance claim is being enforced (TMS § 132 lg 3) [4].
• Child maintenance. If recovery against other assets has not satisfied, or is not expected to satisfy, a periodic child maintenance claim in full, up to half of the income referred to in subsection 1 (protected up to the minimum wage) may be seized (TMS § 132 lg 1¹) [4].
• Low income. If recovery against other assets does not satisfy the claim in full, up to 20 percent per month, regardless of the number of enforcement proceedings, may be seized from income within the minimum wage, after deducting the estimated subsistence minimum published by Statistics Estonia (Statistikaamet); income below the subsistence minimum is not seized (TMS § 132 lg 1²) [4].

Some income cannot be subject to recovery, for example state family benefits, social benefits for persons with disabilities, work ability allowance (töövõimetoetus) and maintenance based on law (TMS § 131 lg 1 p 1, 2, 6¹ and 7) [11]. However, work ability allowance, maintenance based on law and the other income listed in points 6–7 of subsection 1 may be subject to recovery on the claimant's application if recovery against other assets has not satisfied and is not expected to satisfy the claim and seizure is fair given the type of claim and the amount of income (TMS § 131 lg 2) [11]. In the seizure act the bailiff states the amount not subject to seizure and, on the debtor's application, lifts the seizure within three working days to the extent that secures the debtor's protected income (TMS § 133 lg 1) [12].

How much does a bailiff cost and who pays?

Under the Bailiffs Act (kohtutäituri seadus, KTS), the bailiff's fee may consist of a fee for commencing proceedings, a basic fee and an additional fee for an enforcement action (KTS § 29 lg 1) [13]. In enforcement proceedings both the commencement fee and the basic fee are paid by the debtor, unless the law provides otherwise (KTS § 30 lg 1 and 2) [14].

• Commencement fee: 15 euros if the notice is served by e-mail or through the designated information system, and 30 euros if served in another way (KTS § 34) [15].
• Basic fee: for a monetary claim it is calculated from the amount of the claim according to the table in the Act (KTS § 35 lg 1) [16] and becomes payable when the notice of enforcement is served on the debtor (KTS § 32 lg 2) [17]. VAT (käibemaks) is added to the fee (KTS § 32 lg 3) [17].
• Half the basic fee: if the debtor complies before the voluntary compliance period ends, or agrees a payment schedule with the claimant within that period and keeps to it, they pay only half of the basic fee and the commencement fee (KTS § 32 lg 4) [17].

Besides the fee, enforcement costs include, for example, fees for queries, the cost of sending documents and of transporting and storing seized property; legal assistance costs are not considered necessary costs (TMS § 37 lg 1) [18]. Enforcement costs are borne by the debtor (TMS § 38 lg 1) [19]. At the request of the debtor or the claimant, the bailiff must provide documentary evidence of the costs (TMS § 39) [20].

How can you challenge a bailiff's actions?

A party to enforcement proceedings may file a complaint with the bailiff against the bailiff's decision or action within ten days of the day they learned or should have learned of it (TMS § 217 lg 1) [5]. A party who does not complain in time loses the right to rely later on circumstances they could have raised in the complaint (TMS § 217 lg 6) [5].

The decision on the complaint can be appealed within ten days of its service to the county court (maakohus) in whose area the bailiff's office is located (TMS § 218 lg 1) [21]. The court hears the complaint in non-contentious proceedings within 15 days and may suspend the enforcement proceedings in the meantime (TMS § 218 lg 2) [21].

If the dispute is not about the bailiff's actions but about the claim itself – for example, the claim has already been satisfied, deferred or set off – the debtor may bring an action against the claimant to have compulsory enforcement declared inadmissible (TMS § 221 lg 1) [22]. Against a court judgment such objections are allowed only if their basis arose after the judgment entered into force (TMS § 221 lg 2) [22]. When an instrument other than a court decision is enforced, such as a notarised agreement, the debtor may raise in this action all objections to the existence and validity of the claim (TMS § 221 lg 1¹) [22]. The action may be brought until the end of the enforcement proceedings, and if it is granted, the enforcement costs are borne by the claimant (TMS § 221 lg 3 and 4) [22].

What the law says

• „Sissetulekut ei arestita, kui see ei ületa ühe kuu eest ettenähtud palga alammäära suurust või vastavat osa nädala või päeva sissetulekust.“ [4] (translation: income is not seized if it does not exceed the minimum wage set for one month or the corresponding part of weekly or daily income; TMS § 132 lg 1) – income up to the minimum wage is, as a rule, protected.
• „Tähtaeg ei või olla lühem kui 30 päeva, kui käesolevas seadustikus ei ole ette nähtud teisiti.“ [3] (translation: the period may not be shorter than 30 days unless this Code provides otherwise; TMS § 25 lg 1) – the voluntary compliance period is, as a rule, at least 30 days.
• „Täitekulud kannab võlgnik.“ [19] (translation: enforcement costs are borne by the debtor; TMS § 38 lg 1) – as a rule, the debtor bears the enforcement costs.
• „Kohtutäituri otsuse või tegevuse peale ilma eelnevalt kohtutäiturile kaebust esitamata kohtule kaevata ei saa.“ [21] (translation: a bailiff's decision or action cannot be appealed to a court without first filing a complaint with the bailiff; TMS § 218 lg 1) – you must first turn to the bailiff.

What to do

1. As a claimant, make sure you have an enforcement instrument, such as a court judgment that has entered into force (TMS § 2 lg 1 p 1) [2], and choose a bailiff in whose area the debtor's residence or seat, or assets, are located (TMS § 4 lg 1) [6].
2. File a written application together with the enforcement instrument and, if possible, add information about the debtor's assets (TMS § 23 lg 2 and 4) [1].
3. As a debtor, read the notice of enforcement and note the voluntary compliance period (TMS § 24 lg 3 p 3) [8]. If you pay within it, or agree a payment schedule with the claimant and keep to it, you pay only half of the basic fee and the commencement fee (KTS § 32 lg 4) [17]. From 01.07.2027 the notice of enforcement also refers to the debtor's right to file an objection to a payment order (maksekäsk), which needs no reasons, within 30 days of learning of the enforcement proceedings commenced to enforce the payment order (TMS § 24 lg 3 p 6¹) [23]. From the same day such an objection is filed with the court that made the payment order, it needs no reasons, and once it is filed the payment order loses its validity, the case is transferred to action proceedings and the enforcement proceedings commenced on the basis of the payment order are terminated (Code of Civil Procedure, tsiviilkohtumenetluse seadustik, TsMS § 489¹ lg 1, 2 and 4) [24].
4. If your income was seized without leaving you the protected part, or your dependants were not taken into account, apply to the bailiff – the bailiff must lift the seizure to the necessary extent within three working days (TMS § 133 lg 1) [12].
5. If you believe the bailiff acted wrongly, file a complaint with the bailiff within ten days (TMS § 217 lg 1) [5]; the bailiff's decision can be appealed to the county court within ten days (TMS § 218 lg 1) [21].

Frequently asked questions

Can a bailiff seize my entire salary?

As a rule, no. Income up to the minimum wage is, as a rule, not seized (TMS § 132 lg 1) [4], and from income above it the seized amount may not exceed two thirds of the total income (TMS § 132 lg 3) [4]. When maintenance is enforced, the two-thirds limit does not apply, and if other assets do not cover a periodic child maintenance claim, up to half of the income protected up to the minimum wage may also be seized (TMS § 132 lg 1¹ and 3) [4].

Can family benefits be seized?

No. State family benefits cannot be subject to recovery (TMS § 131 lg 1 p 1) [11].

What happens if I pay the debt directly to the claimant?

If the debtor had duly satisfied the claim before the claimant filed the application with the bailiff, the claimant pays the commencement fee. If the debtor satisfies the claim after the application was filed with the bailiff but before receiving the notice of enforcement, the debtor pays 15 euros; if payment is made on the same day the notice is served, it is deemed made after service and the debtor pays the commencement fee (KTS § 41 lg 1) [25]. If the debtor complies before the voluntary compliance period ends, they pay only half of the basic fee and the commencement fee (KTS § 32 lg 4) [17]. If the debtor pays the claimant directly after the voluntary compliance period has ended, the debtor pays the bailiff's fee and enforcement costs according to the bailiff's decision (KTS § 41 lg 3) [25].

When does enforcement of a claim recognised by a judgment become time-barred?

The limitation period for enforcing a claim recognised by a court judgment that has entered into force is ten years (TsÜS § 157 lg 1) [7], and 20 years for a claim arising from unlawfully caused damage (TsÜS § 157 lg 1¹) [7]; it starts when the judgment enters into force, but not before the claim falls due (TsÜS § 157 lg 2) [7]. For recurring obligations that fall due in the future, the period is three years for each individual obligation (TsÜS § 157 lg 4) [7].

Is VAT added to the bailiff's fee?

Yes, VAT is added to the bailiff's fee (KTS § 32 lg 3) [17].