After applying levy of execution on the salary of the debtor, the part to be paid to the debtor must not be less than the amount of the minimum salary prescribed by law — New legislative regulations being proposed

02/05/2024

During the plenary session of the National Assembly, Deputy Minister of Justice Levon Balyan presented the draft Law "On making amendments and supplements to the Law ’On compulsory enforcement of judicial acts’". The draft Law provides for a number of additional social guarantees for debtor natural persons, particularly the following: In proceedings regarding a claim for AMD 200.000 or more that is subject to levy, it is proposed to envisage, in case of consent of the claimant, an opportunity for levy of execution against the debtor's revenues, regardless of the existence of property belonging to the debtor by the right of ownership, if there are no other funds subject to levy of execution and the debtor's salary is sufficient to repay the claim within a maximum of six months by levy of execution on the debtor's salary, the amount accessible to the debtor should not be less than the minimum salary prescribed by law (except for cases related to alimony, damages caused to health, damages caused by the death of a breadwinner, as well as in proceedings for fulfilment of obligations to compensate for damages caused by crimes), and after levy of execution is applied on debtor's pension, no levy of execution can be applied on the amount of social benefit prescribed by the Government of the Republic of Armenia, meaning the property provided as support or compensation prescribed by the decision of the Government cannot be subject to levy of execution if the same decision stipulates that the property is not subject to levy of execution. The National Assembly adopted the draft Law in the first reading.