The enforcement of a court decision in Slovakia is concluded following specific legal procedures. In the case of a debtor that fails to comply with the court order, the claimant is legally entitled to request the execution of the decision, by filing an application with the designated court.
The main regulations regarding the enforcement of a court decision in Slovakia are prescribed by the Section 251 of the Act No. 99/1963 (which designates the law of the Code of Civil Procedure) and the Act No. 233/1995. Our debt collection agency in Slovakia can assist Slovakian citizens, as well as foreign persons, with legal advice and legal representation regarding the procedure applicable in this case.
Table of Contents
Who can issue enforcement decisions in Slovakia?
The enforcement of a court decision in Slovakia is determined based on a set of legal grounds. The procedure can be started in Slovakia based on the decision issued by other bodies in Slovakia or in other countries. The execution of an enforcement of a court decision can only be started in Slovakia once the Slovakian court issued an authorization, which will then be executed by the bailiff.
The right to issue the enforcement of court decisions is also determined based on the jurisdiction of the Slovakian courts and the nature of the case. As a general rule, the Slovakian court which can grant the right to the bailiff to execute the enforcement of a court decision in Slovakia is the district court. Enforcement in Slovakia can be started based on several legal grounds, presented below:
- enforcement orders issued at the level of the European Union (EU), requested by EU bodies;
- notarial acts which require the enforcement of a legal obligation of the liable party towards an entitled party;
- arbitration committees also have the legal right to issue enforcement decisions;
- decisions issued by the local public administration, which generally request the payment of specific fees and taxes to which various entities are still liable;
- court settlements that have been approved and need to be enforced, payment demands or in the case of inheritance certificates;
- any other type of document that requests the enforcement of an approved decision, as stated by the local legislation.
What are the main effects on the Slovakian debtor?
In the case of an enforcement of a court decision, the bailiff is the entity who will notify the debtor on the decision and the effects it will have on the debtor. In the case of debt collection in Slovakia where an enforcement order was issued, the bailiff is legally required to notify the debtor on the manner in which the procedure will happen, the costs associated with it and the rights and obligations the debtor has.
The legislation regarding debt collection in Slovakia in this case stipulates that the debtor does not have the right to dispose of the assets that are the subject of the enforcement decision. In the case in which the debtor does not respect this rule, he or she can face a set of penalties that fall under the regulations prescribed for criminal prosecution. This is stipulated under the Section 256 of the Criminal Code, which can be detailed by our team of debt collection lawyers in Slovakia.
Are there any assets that can’t be subjected to enforcement in Slovakia?
Yes, the Slovakian legislation stipulates a wide range of assets that can be the subject of enforcement in this country. In the case of a procedure regarding debt collection in Slovakia, it is necessary to know that specific assets, including the financial assets of a debtor, can’t be legally used to cover the debts the debtor has towards the claimant. Our debt collection agency in Slovakia can present the extensive list applicable in this situation, but those interested in this subject should know the following are exempted from this procedure:
- funds which are created for the purpose of paying the salaries of a company’s staff;
- funds belonging to the defendant with a value of maximum SKK 3,000;
- in the case in which the defendant has more bank accounts, the above mentioned exemption will apply only for the first bank account or only for the first SKK 3,000 of each bank account;
- various items belonging to the defendant or to his or her family, that are of absolute necessity;
- common objects, such as clothing, footwear, bedlinen, essential household items, such as beds, refrigerators, stoves, kitchen furniture;
- items necessary to develop a business activity, with a value of up to SKK 10,000;
- medical items necessary to treat a specific illness the defendant has, toys, pets, engagement rings or wedding rings.
Persons who are interested in receiving further information on the enforcement of a court decision in Slovakia can contact our lawyers. Our debt collection agency can provide an extensive presentation on any regulation prescribed for debt collection in Slovakia and can represent natural persons and legal entities in a wide range of cases.