Activities of Judicial Officers

Functions of Judicial Officers

In the capacity of the State authorised person, a judicial officer must enforce court judgements and orders of other state authorities, transfer and serve documents under a court order on natural and legal persons in the Republic of Lithuania and perform other functions provided for by law.

Services of Judicial Officers

The services offered by judicial officers are beneficial for settlement of disputes in an out-of-court procedure or ensuring smooth and prompt enforcement of court judgements.

Judicial officers may provide, under the procedure established by legal acts, the following services:

Statement of facts. This is the most popular service provided by judicial officers. The demand for statement of facts service had a ten-fold increase as compared to the first year of introduction of this service. From the moment of introduction of this service until the present (2024), the judicial officers of Lithuania have concluded nearly 61,000 protocols of statement of factual circumstances.

The advantage of this service is its immensely wide range of supply and application. This service involves recording of events and images, smells and sounds, data in the electronic space and even the Guinness world records. In the legal proceedings, a statement of facts is treated as written evidence.

In civil legal relations, a statement of facts is treated as evidence allowing determination of substantial factual circumstances. The facts can be stated by court order or upon request of natural or legal persons. When stating factual circumstances, a judicial officer must comply with the principles of objectivity, impartiality and accuracy.

Transmission and service of documents. Prompt and adequate service of documents expedites legal proceedings. It is an efficient manner to notify the persons avoiding performance of their duties or obligations about legally significant events or intentions to resort to legal actions.

The judicial officers or their assistants transfer or serve documents upon natural or legal persons in the Republic of Lithuania upon the request of other natural or legal persons. The documents can also be served by a judicial order. In this case the judicial officers will be executing the functions delegated by the state.

The judicial officers can serve a writ of summons, notices, resolutions, court orders, as well as claims, counterclaims, attachments thereto or other documents related to judicial examination of cases. The judicial officers are also entitled to serve or transfer notifications to the company shareholders about the convened meetings of shareholders and various other notifications, requirements, claims or other documents which must reach an addressee in a prompt and due manner.

The procedure of transmission and service of documents is established by the order of the Minister of Justice. The judicial officers are not authorised to verify and shall not be held liable for the content of the documents served.

• Serving judicial documents through judicial officers is more efficient than sending them via registered mail;
• The procedures are performed by legal professionals with more opportunities to locate and identify an addressee;
• When information about the debtor’s residence address is concealed, the judicial officers are entitled to serve the documents at the debtor’s place of employment or at the office of judicial officers;
• The refusal to accept the documents served, which is reported by judicial officers, is equivalent to due service of documents;
• The individuals treat the documents with more responsibility when qualified legal professionals serving the documents explain all legal consequences arising from the acceptance and refusal to accept a document.

A person requesting documents to be serviced must fill out an application of an established form asking to transfer (serve) the documents. The recipient must sign the delivery slip to confirm the receipt of a document. If a recipient or another person authorised to receive the documents refuses to accept the document served, a person handing over the documents must register that in the documents delivery slip. If the documents have not been served because an addressee could not be located or refused to accept the documents, they will be returned to the transmitting person with indication of adequate details of non-delivery.

Mediation in performing property obligations or out-of-court debt recovery are commonly resorted to when the accumulated debt has been documented (by invoices, contract, delivery and acceptance certificates), however recovery thereof has not yet been ordered by a court.

Article 25 of the Law on Judicial Officers stipulates that this service may be provided when the creditor presents to a judicial officer documentary evidence of the existence of a property obligation to the creditor and the amount thereof.

The mandatory condition for offering mediation services is the expired time period allocated for the performance of a property obligation.

When rendering this service, a judicial officer acts as an intermediary. The judicial officer shall resort to various measures aimed at performing a property obligation by the debtor's good will or satisfying the creditor’s pecuniary claim by any other lawful means. The debtor will be sent a request to settle the accounts with a creditor, including explanation of consequences in the event of refusal to perform the obligation, negotiating a schedule for debt repayment in instalments, etc.

Only when none of the alternative options prove to be effective in negotiating the terms and conditions of debt repayment, stricter measures shall be resorted to: the debtor's business partners will be informed about the debtor's dishonest conduct and insolvency, bankruptcy proceedings will be initiated against the debtor, a statement of the debtor's criminal activity will be lodged with the pre-trial investigation institution or judicial debt recovery proceedings will be initiated.

Pledged movable property auctions. The judicial officers organise and conduct public auctions of various pledged movable assets ensuring advertising of the property sold. These are auctioning procedures with maximum success and the entire set of legal services necessary to ensure the reliability of a transaction. The asset tracing and appraisal, verification of legal status and storage services can also be provided.

Keeping (administration) of property. Upon request of the clients, the judicial officers can ensure storage of seized movable and immovable property and offer administration services of seized property (immovable property and enterprises). By providing property administration services the judicial officers perform all actions necessary for securing the property or ensuring its use pursuant to the designated purpose.

Legal consultations.  The judicial officers render legal advice and related services, except legal representation and representation in relations with the third parties. The judicial officers assist in preparation of various documents and contracts, and evaluation of legal consequences arising from the contracts concluded.

Bankruptcy administration. New service. As of 1 July 2014, the judicial officers of Lithuania are authorised to provide all bankruptcy administration services to natural and legal persons.