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WHAT HAPPENS AFTER A CLAIM HAS BEEN DECIDED


1. What happens after a claim has been decided?

As soon as your claim(s) has been decided and is ready for delivery, a KPA staff member will contact you by phone in order to agree on the time and place of delivery.  For further information about implementation, please see “What are the implementation options if you are a successful claimant”
One way to find out if your claim has been decided is by visiting our web page at www.kpaonline.org, where you can use the search engine in KPA claims.  If your decision is ready, you will see that the status of the claim will be “claim decided…” 

(1)In the search field you should enter the five digit KPA number (eg. KPAXXXXX) of the claim you wish to search, (2) choose “KPA claims” and (3) click the “search” button.  You can find the KPA claim number on the copy of the claim that was given to you when you submitted your claim(s) with the KPA. Once you have searched you will get the page that will show you the status of the claim and the photo’s of the claimed property. If you believe that the photo’s show a different property than the one you made a claim for, please inform us by contacting one of the KPA offices immediately


 

Please remember to keep your contact information with the KPA up to date.  If you change your address, telephone number or other contact details, it is essential that you send your updated contact details in writing, together with a copy of your ID card.

Please note: that there might be a time delay from when a decision has been made to when the decision is available.
2. Where and when can you get the decision?  

If you are a claimant you will be contacted by phone by a KPA staff member to arrange a time for you to collect the decision from any of the KPA Offices.

If you are a respondent or other interested party who has participated in the process, you will be contacted by phone by a KPA staff member to arrange a time for the decision to be delivered in person, at your current address or should you so wish you may collect the decision from any of the KPA Offices.  

Interested parties to a claim which have not participated in the process will be contacted by a KPA staff member when the KPA is notified either in person or is formally advised of the existence of the interested party.

3. Can someone else collect the decision on your behalf?

A member of your family household may pick up the decision if he/she provides evidence of the family relations. If the claimant passed away after filing the claim, the person collecting the decision must present a death certificate together with a marriage certificate (if spouse), birth certificate (if child) or other document proving the family relationship.  
Also other persons may collect the decision on your behalf, on presentation of a valid Power of Attorney who should contain the following information:

  1. your name, address and identity number;
  2. the name, address and identity number of the person who you authorize to represent you; and
  3. detailed outline and description of the function you wish the authorized person to carry out on your behalf, in relation to representing your claim before the KPA.

Please note: All Power of Attorneys must be verified by a competent Court in Kosovo or neighboring countries.

4. How to read a decision?

 For more information on how to read and understand the decision please click here.

5. What if you disagree with the decision?

If you disagree with the KPCC decision you are entitled to submit an appeal to the Supreme Court of Kosovo through the KPA within thirty (30) days of being notified of the KPCC decision. Appeals may be filed on the grounds that:

  1. The decision involves a fundamental error or serious misapplication of the applicable material or procedural law: or
  2. The decision rests upon an erroneous or incomplete determination of the facts.

If you think you have reason to appeal the KPCC decision under the grounds mentioned above, you must submit your appeal within the thirty (30) day deadline in writing, by letter (in person or by post), fax or e-mail, together with a copy of your personal ID document to any of the KPA Offices. The KPA will collect additional information from any other party to the original claim and forward this along with the appeal to the Supreme Court of Kosovo. The Supreme Court of Kosovo shall decide on the appeal in a panel composed of two international and one national Judge. The decision will be taken once the Supreme Court of Kosovo is satisfied that it has received all of the evidence required to decide the appeal. The decision of the Supreme Court of Kosovo is final and enforceable and cannot be challenged through any ordinary or extraordinary remedies. 

Please click here for more information

6. What are the implementation options if you are a successful claimant?

A successful claimant can request the implementation through (1) repossession of the claimed property, (2) placing the property under KPA administration or (3) requesting the case to be closed.

If you request repossession of the claimed property, the KPA will execute measures to enable you to take full physical repossession of the property. You will be contacted by the KPA and requested to repossess the property at a mutually agreed date and time.  You will be considered to have repossessed the property at this time even if you fail to show. 
If you request administration the KPA will temporarily administer the property on your behalf as long as you are unable to take physical repossession of the property.  If a property is under KPA administration, the property right holder can request the KPA to include the property in the KPA Rental Scheme; however, its acceptance into the scheme will be dependant on a survey to establish the condition and suitability of the property. Should the KPA accept the property into the Rental Scheme any rent (minus a 5% administrative fee) will only be paid if the property is physically rented to a third party through a lease agreement.
N.B. The KPA can not administer properties of the following types: (i) properties that need consent of other co-owners and consent is not obtained; (ii) properties that based on an assessment report, are not fit to be placed under KPA administration and (iii) forests.
If you request case closure the KPA will not undertake any further action in relation to the claim.  
 

7. Can someone else submit an implementation request on behalf of a successful claimant?

A member of your family household may submit a request for the implementation of a decision on your behalf if he/she provides evidence of the family relationship. Further, other persons may submit a request for the implementation of a decision on your behalf, on presentation of a valid Power of Attorney and a copy of your ID card.

8. What are the tools for the enforcement of a successful claim according to final and executable decision or judgment?

The tools for the enforcement of a successful claim will be set out in the decision/judgment itself. 

 Please remember to keep your contact information with the KPA up to date.  If you change your address, telephone number or other contact details, it is essential that you send your updated contact details in writing, together with a copy of your ID card.

 

KPA's "Direct Line"
You may contact us by phone Monday through Friday
(08:00-16:30) by dialing +381 38 249 936
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