The decisions established by a EU court can be recognized against a debtor in Slovakia. As a general rule, the claimant presents the case in front of the EU court where he or she resides and, if the court will issue a judgment favorable to the claimant, the case can be recognized in front of the Slovakian authorities.
Once the EU court issued its decision, in the case in which the Slovakian debtor opposes it, then the case can be addressed to executors in Slovakia, who will handle the case as prescribed under the country’s national law (on matters related to the enforcement of the decision).
Our team of debt collection lawyers in Slovakia can provide an extensive presentation on the enforcement procedures that can be applied here.
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What is the cross-border procedure in Slovakia?
The recognition of a EU court decision in Slovakia implies that one of the parties (the claimant) is a resident in one of the EU member states, and the other party, the debtor, is currently living in Slovakia. This means that the procedures on cross-border debt collection will be applied.
This generally happens in a wide range of legal matters that are solved under the civil and commercial legislation. Although the applicable legislation stipulates that a EU decision established by a competent court is recognized in another EU member state, Slovakia included, the claimant has to perform a set of legal steps in order for the debt collection procedure to be completed.
Thus, after the EU court issued a judgment and after the debtor in Slovakia was informed on the nature of the claim and provided that he or she did not respond to the court’s request to participate in the trial, the claimant can address to the competent courts in Slovakia, which can enforce the decision taken by the EU court. The EU court that issued the judgment does not have any jurisdiction on the Slovakian legal procedures and thus, the assistance of the local courts are needed. Our team of debt collection lawyers in Slovakia can assist with advice on the following procedures:
- after the claimant receives a judgment in his or her favor, he or she can address directly to the enforcement authorities in Slovakia;
- the claimant is required to present the decision ruled by the EU court, by providing a set of legal documents;
- one of the necessary documents in this case is the certificate presenting the decision of the EU court;
- the claimant must also present details regarding the judgment issued in an EU court;
- after these documents are presented, they will be addressed to the debtor in Slovakia;
- however, even in this situation, the Slovakian debtor has the right of refusing to pay the amount due.
What types of enforcement procedures are available in Slovakia?
The recognition of a EU court decision in Slovakia has a direct effect on the commencement of the enforcement procedure, through which the debtor is requested by the law to pay his or her debt. Since an EU court issued a ruling, it means that the provisions of the Regulation (EC) No. 805/2004, Article 9, will apply.
Through this, the debtor in Slovakia is required to pay the debts by the enforcement title available at the level of the EU, the European Enforcement Order. In this particular situation, the courts in Slovakia do not need to provide any additional ruling during the execution phase.
As a member state of the EU, Slovakia will recognize this enforcement instrument as a national procedure; claimants in the EU may also recover their debts from debtors located in Slovakia by using the European Order for Payment, which also does not need any additional legal procedures carried out by the local courts.
Who can use the European Small Claims Procedure in Slovakia?
The European Small Claims Procedure is especially created for the procedure of debt collection in Slovakia and in any other EU country (with the exception of Denmark). It can be employed by natural persons, legal entities and organizations in Europe that need to collect debts from parties located in other EU jurisdictions.
The European Small Claims Procedure can only be used for claims that have a maximum value of EUR 5,000 (any additional costs are not included) and it represents a straightforward procedure through which claimants can recover their debts. It is necessary to sign a form, attach the documents that attest the existence of a debt from a party located in Slovakia and address the documents to a EU court where the claimant lives.
Further on, the court will verify the case and if it is in the favor of the claimant, it will contact the defendant, who must provide an answer in a period of maximum 30 days. Those who have to recover a debt in this country are invited to contact our team of debt collection lawyers in Slovakia, who can provide more details on the local procedures.