If an obligation has not been fulfilled and the case has reached a bailiff, an enforcement fee is charged in addition to the debt. For debts of AMD 10,000 and more, the fixed amount is AMD 5,000, while for claims of AMD 100,000 and more, an additional 2% may be charged if the debt is paid within the first two weeks, or 4% if it is paid later.
The Law on Enforcement Proceedings was adopted on April 11, 2024, and entered into force on January 1, 2026. Articles 27-30 of the law set the amount of the enforcement fee and the conditions for its collection.
For small debts, the fixed AMD 5,000 fee can be significant compared with the debt itself. For example, for an AMD 8,000 debt, the fee is AMD 4,000, while for debts of AMD 10,000 and more, it is AMD 5,000. For an AMD 1 million debt, the enforcement fee will be AMD 25,000 if paid within the first two weeks, and AMD 45,000 if paid later.
There are also other rates. In the case of cash that has been recovered or seized, the fee is 5%, while for property sold through a compulsory auction or another procedure provided by law, it is 10%, but not more than 10% of the amount allocated to satisfy the claims.
In some cases, the fee may be collected from the claimant, while in certain situations it may be returned to the debtor. If the obligation was fulfilled before the final application for enforcement was submitted and the proceedings are terminated on the relevant grounds, the Service returns the collected enforcement fee.
For the enforcement of non-monetary claims, the fee is equal to the actual expenses, but if no period for voluntary fulfillment was set, it cannot be less than AMD 5,000. The law also allows an advance payment to be made for enforcement actions, with the unused portion returned after the relevant action is completed.
Under these rules, the amount of the debt alone does not show how much may ultimately be demanded from the debtor. The initiation of enforcement proceedings may itself result in a separate fee, while for larger claims, the amount also depends on when the payment is made. Therefore, in the case of the same debt, the timing becomes a practically significant factor.
At the same time, the law establishes separate rules for different situations, ranging from the recovery of cash to the sale of property and the enforcement of non-monetary claims. Separate exceptions are also provided for cases in which the fee may be refunded or not charged at all. Therefore, when assessing the conditions of enforcement proceedings, it is not enough to consider only the AMD 5,000 or percentage rate; the basis of the proceedings and the method used to enforce the claim also matter.
