Serbian Enforcement and Security Act (Zakon o izvršenju i obezbeđenju) in brief
Zakon o izvršenju i obezbeđenju (ZIO): scope, current citation, deadlines for objection and appeal, limits on wage garnishment, protection of the only home.
What the Enforcement and Security Act (Zakon o izvršenju i obezbeđenju) covers and whom it applies to
Zakon o izvršenju i obezbeđenju, abbreviated ZIO, governs the procedure in which courts and public enforcement officers compulsorily satisfy creditors' claims based on enforceable and authentic documents, the procedure for securing claims, and the status of enforcement officers (Art. 1). Litigation answers the question of who owes what to whom. Enforcement follows when the debtor does not pay voluntarily.
It applies to everyone: individuals, sole traders, companies and the state as debtor or creditor. The court decides on the enforcement motion, and enforcement is as a rule carried out by a public enforcement officer. The court has exclusive jurisdiction, among other things, over reinstating an employee and enforcing decisions in family matters, except the collection of statutory maintenance (Art. 4).
Official citation: Zakon o izvršenju i obezbeđenju (Sl. glasnik RS, Nos. 106/2015, 106/2016 - authentic interpretation, 113/2017 - authentic interpretation, 54/2019, 9/2020 - authentic interpretation, 10/2023 - other statute and 91/2025). The Act has applied since 1 July 2016. The most extensive amendments were adopted in 2019 (No. 54/2019). The latest is the supplement in No. 91/2025, which entered into force on 31 October 2025 and introduced protection of the debtor's only real estate (Art. 151b-151g).
How the Act is structured
The Act has more than 550 articles in eight parts:
- Part One, Basic provisions: definitions, jurisdiction of the court and enforcement officers, remedies, service.
- Part Two, General rules of enforcement procedure: enforceable and authentic documents, the enforcement motion, the enforcement order, appeal and objection, third-party objection, postponement, discontinuance and conduct of enforcement.
- Part Three, Enforcement of monetary claims: against real estate, movables, wages and other income, funds in bank accounts, shares and securities.
- Part Four, Enforcement of non-monetary claims: handover of items, eviction, acts and omissions, reinstatement of an employee, handover of a child.
- Part Five, Collection of claims from utility and related services.
- Part Six, Security: lien, preliminary and interim measures.
- Part Seven, Public enforcement officers.
- Part Eight: transitional and final provisions.
The most searched provisions
Enforceable and authentic documents (Art. 41 and 52). The remedy depends on the type of document. An order based on an enforceable document is challenged by appeal, and an order based on an authentic document by objection.
The debtor's appeal (Art. 73 and 74). An enforcement order can be challenged only on grounds that prevent enforcement, for example if the enforceable document has been set aside or the debt has been paid in the meantime. Enforcement proceedings do not re-examine whether the judgment is correct.
The debtor's objection (Art. 85 and 86). With an authentic document, the objection opens the way to litigation in which the creditor must prove the claim.
Third-party objection (Art. 108). If your item has been inventoried for someone else's debt, you use an objection to seek a finding that enforcement against that item is not permitted.
Postponement of enforcement (Art. 122). Possible once, if the debtor shows it is probable that they would suffer irreparable or hardly reparable damage, greater than the damage the creditor would suffer from the postponement.
Proportionality (Art. 151a). If there is an obvious disproportion between the amount of the debt and the value of the real estate, the enforcement officer orders enforcement against another object or by another means, where that is sufficient to satisfy the claim.
The only real estate (Art. 151b-151g and 394). The court decides whether the conditions for protection are met, ex officio or at the debtor's request.
Items and income exempt from enforcement (Art. 218 and 257) and limits on wages and pensions (Art. 258).
Sale of real estate (Art. 178 and 179). The sale is by public auction, with a starting price of 70% of the appraised value at the first auction and 50% at the second.
Utility debts (Art. 392-394). The creditor first asks the Chamber of Public Enforcement Officers to designate an officer. The authentic document is an invoice or an extract from business books, and the order is enforced only after it becomes final.
Where to read the official text
The official consolidated text is available in the Legal Information System of the Republic of Serbia: Zakon o izvršenju i obezbeđenju at pravno-informacioni-sistem.rs. Time limits in enforcement proceedings are short, most often eight days, and run from service. So when you receive an order or a conclusion from an enforcement officer, the first step is to write down the date of receipt and read the instructions on legal remedies at the end of the document.
Sources
What to do
- An appeal or objection is filed within eight days of service of the decision, unless the Act sets a different period; they suspend enforcement only where the Act says so (Art. 25).
- An objection to an enforcement order based on an authentic document (for example an invoice) is filed within eight days and suspends enforcement until the order is final, except for bills of exchange (Art. 86).
- If the enforceable document sets no period for voluntary performance, it is eight days from service of the document on the debtor (Art. 47).
- A request to remedy irregularities in the conduct of enforcement is filed within eight days of the irregularity (Art. 148).
- A third-party objection, by a person claiming a right in the object that prevents enforcement, may be filed until the enforcement procedure ends (Art. 108).
- The debtor may propose a postponement of enforcement once during the procedure (Art. 122).
- Enforcement against wages goes up to one half, up to one third if the wage does not exceed the average net wage in Serbia, and up to one quarter of the minimum wage (Art. 258).
- Enforcement against a pension goes up to one third, up to one quarter if the pension does not exceed the average, and up to one tenth of the lowest pension amount (Art. 258).
- Real estate cannot be sold below 70% of its appraised value at the first public auction, or below 50% at the second (Art. 178).
- A request for a finding that the debtor's only real estate cannot be subject to enforcement is filed with the court through the enforcement officer within eight days of service of the conclusion or the inventory record (Art. 151g).
FAQ
What is the deadline for objecting to an enforcement order?
The period is eight days from service of the order (Art. 25 and 86). For an order based on an authentic document, such as a utility bill, a timely objection suspends enforcement until the order is final. If no objection is filed, the order becomes final and the enforcement officer proceeds.
How much can an enforcement officer take from a salary or pension?
From a wage, at most one half, and at most one third if the wage does not exceed the average net wage according to the latest published national statistics; from the minimum wage, at most one quarter. From a pension, at most one third, one quarter if it does not exceed the average pension, and one tenth if it does not exceed the lowest pension amount. For statutory maintenance claims the limit is one half of the income (Art. 258).
Can an enforcement officer sell the only apartment I live in?
Since the October 2025 amendments (No. 91/2025), the only real estate in the debtor's sole ownership that serves their housing needs cannot be subject to enforcement if all the conditions in Art. 151b are met: the debtor has had registered residence there for at least five years before the enforcement motion, the area is up to 60 m2, the principal of the debt does not exceed half of the market value of the property, and the debtor has not disposed of other real estate in the previous three years. In addition, for utility debts with a principal of up to EUR 5,000, the sale of an individual's only real estate cannot be ordered (Art. 394). The protection does not apply if an enforceable out-of-court mortgage is registered on the property, if the debtor consented to enforcement on that property in a public or certified document, or if the claim arises from a criminal offence, statutory maintenance or compensation for harm to health (Art. 151d).
Which items and income can an enforcement officer not seize?
Clothing, footwear, bedding, dishes, necessary furniture, a cooker, refrigerator and heating stove, and food and fuel for three months cannot be seized (Art. 218). Exempt income includes, among other things, statutory maintenance, compensation for damage to health and income under social protection regulations (Art. 257).
What is an enforceable document and what is an authentic document?
An enforceable document (izvršna isprava) is, for example, an enforceable court decision, a court settlement, an enforceable decision from administrative or misdemeanour proceedings ordering payment, a mortgage agreement or a pledge statement (Art. 41). An authentic document (verodostojna isprava) is a document evidencing a debt that has not yet been through a court, such as a bill of exchange, an invoice or an extract from business books, and it can only be the basis for collecting a monetary claim (Art. 52).
Where do I complain about the conduct of a public enforcement officer?
Irregularities in the conduct of enforcement are addressed by a request to remedy irregularities, filed within eight days (Art. 148). The request goes to whoever is conducting the enforcement, the court or the public enforcement officer, who decides on it within eight days. It cannot be filed against a decision (rešenje) of the court or the enforcement officer. A party can complain about an enforcement officer's work to the ministry responsible for justice, which supervises them, and to the Chamber of Public Enforcement Officers, which may carry out an extraordinary inspection (Art. 523 and 524). Disciplinary proceedings are initiated by the minister, the disciplinary prosecutor of the Chamber or of the ministry, or the President of the Chamber, not by the party itself (Art. 536).