Reinstatement - Remedies when legal rights are violated

If you cannot exercise your legal rights due to the conduct of another party, you can approach the courts and request a judicial ruling to carry out what is known as reinstatement. Through this process, you are reinstated in your rights, and the lawful state is restored. The District Commissioner is responsible for carrying out reinstatement procedures once a court ruling has been issued.

Common examples of reinstatement include:

• Issuance of a deed of sale if the seller refuses.

• Recovering a leased vehicle when the lessee has stopped payments but has not returned it.

• Gaining access to documents you are entitled to see.

• Enforcing visitation rights when one parent violates the visitation rights of the other.

• Providing utility companies access to a property to read their meters.

If the case involves possession of real estate, it is classified as an eviction request.

Costs

The party requesting reinstatement must cover the associated costs upfront. They are then entitled to recover all costs incurred from the offending party. Such costs can be collected through an attachment of earnings order (garnishment).

The cost of a reinstatement request is 12,000 ISK, which must be paid when the request is submitted to the District Commissioner.

Additional costs may arise from locating the property or other matters involved. These costs are paid directly to the company you hire to assist with the search.

Process

Court ruling

A court ruling must be in place to request assistance from the District Commissioner in restoring the legal state. You may seek assistance from the District Commissioner in the jurisdiction where the vehicle, child, or other subject of the case is located.

Appealing the court ruling generally does not delay the reinstatement procedure.

Submitting a request to the District Commissioner

A written request must be submitted to the District Commissioner.

The request must include:

• the names, ID numbers, and addresses of all parties involved. If the request is directed at a company or legal entity, the name of its representative must be provided.

• The request must also state what is being demanded and on what legal basis or court ruling the demand is made.

• The necessary supporting documents must accompany the request.

Hearing or direct reinstatement

The District Commissioner reviews the request and, in consultation with the party requesting reinstatement, decides whether to proceed directly with the reinstatement or summon the parties to a meeting where the case will be addressed.

Reinstatement of legal rights

If a vehicle or other property is to be collected to be handed over to its rightful owner, it is first necessary to determine where the property is located. The District Commissioner does not handle the search for the property. It is often unknown where the assets in question are located. In such cases, the party requesting reinstatement must locate the assets involved.

Once the property has been handed over to the rightful owner, the procedure is concluded.