Success Story: Debt Recovery through Execution of Notarial Declaration

Our client, Mr. B.Sh, a merchant with experience in selling livestock, realized on September 30, 2022, a transaction with citizen E.B, selling him 32 heads of cows and 15 heads of calves with a total value of 2,750,000 ALL. With good faith and verbal agreement between them, it was agreed that 1,900,000 ALL be liquidated immediately, while the remaining 850,000 ALL be settled within the month of December 2022.

Although whole months passed, E.B did not fulfill his financial obligation, giving repeated promises for payment that were never realized.

To formalize the obligation and to secure a strong legal basis, on March 07, 2023, the parties appeared voluntarily before notary F.L, where they signed a Notarial Declaration for Recognition of Obligation. In this document, E.B accepted the remaining debt of 850,000 ALL, agreeing to its settlement in two installments:

• 500,000 ALL on 30.06.2023
• 350,000 ALL on 30.08.2023

Unfortunately, none of these payments were made.

In these circumstances, client B.Sh turned for help to lawyer Kastriot Frashëri. Upon receiving the request, our firm Frashëri Law Firm, after reviewing documentation submitted by the client, turned to the Judicial District Court Korça with a request to issue an Execution Order based on the notarial declaration as an executive title, in accordance with articles 510 and 511 of the Code of Civil Procedure.

The Court:

• Accepted the submitted request
• Issued an Execution Order for the amount of 850,000 ALL plus legal late interests
• Charged the Bailiff Service for immediate implementation of the executive title
• The decision took final form

This case is a concrete example of how proper legal intervention and timely actions can lead to effective protection of financial rights of citizens. Through lawyer engagement, our client managed to benefit from an enforceable decision guaranteeing recovery of the debt amount, according to law.