Changes following amendment to the Enforcement Regulation

Your favourite bailiff will no longer be in charge of enforcing your money claims.

Your favourite bailiff will no longer be in charge of enforcing your money claims – unless they are selected at random and their office is in the area where your debtor lives or has their seat. If you file for enforcement after 1 April 2017, your bailiff will be selected at random. The only exception is that the same bailiff will be responsible for all enforcement proceedings against the same indebted party.

You can file for enforcement in several ways, depending on whether you have activated the electronic mailbox (more on activation of electronic mailboxes here). If you have activated the mailbox, you can file an application electronically with the single competent court, the District Court in Banská Bystrica. If you have not activated your mailbox, you have two choices. You can either file the application with any bailiff who will convert the documents into electronic form and send them to the court, for which they are entitled to remuneration which will be added to the costs of the enforcement proceedings. The other, and more comfortable, choice is to file via your representative, for example a lawyer, who has activated the mailbox.

The bailiff’s remuneration cannot exceed the amount claimed. In case of a change of bailiff, the original bailiff will not be entitled to remuneration. Notification of the opening of enforcement proceedings will include the exact amount of costs in case of satisfaction of the outstanding amount.

The duration of enforcement proceedings will be limited where the indebted party lacks means. If the bailiff cannot confirm sufficient means, they will close the proceedings within five years from the beginning of the enforcement proceedings or from the last confiscation of assets in the case of a natural person, and within 30 months in the case of a legal person.

All changes come into force on 1 April 2017 and apply to proceedings opened after that date.

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