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Under Section 251 of Act No 99/1963 (Code of Civil Procedure), where the party subject to an enforceable judgment fails to comply with it, the claimant can submit an application for the judgment to be executed in accordance with the special legislation governing this (Act No 233/1995 of the National Council of the Slovak Republic governing court bailiffs and enforcement: "Enforcement Code"); in the case of a child custody judgment, the claimant party applies for judicial enforcement.
Methods of enforcement under the Enforcement Code:
An enforceable court decision recognising a right, laying down an obligation or affecting property constitutes an enforcement order. Enforcement is also possible on the basis of:
Within 15 days of receiving an enforcement application from a claimant (or, if there are any errors in it, within 15 days of having them corrected), the bailiff must forward it together with the enforcement order to the court, requesting authorisation to execute enforcement. The court examines the enforcement authorisation request, the claimant's enforcement application and the enforcement order. Provided that the court does not find any of these documents to be at odds with the law, within 15 days of receiving the request it authorises the bailiff in writing to carry out enforcement. If the court does find a legal problem affecting any of the three documents, it issues a decision rejecting the enforcement authorisation request.
The bailiff may not start execution of an enforcement measure until authorisation for it has been granted by the court.
The court with jurisdiction to authorise the bailiff and to act as the court of execution is the relevant district court, except where some special provision stipulates otherwise. The court with territorial jurisdiction is the general court of the defendant's place of residence. If the defendant does not have a general court in the Slovak Republic, the court with jurisdiction is the one in whose area he or she has property; where more than one court has jurisdiction, the decision is taken by the court to whom the request was first addressed.
Where enforcement is based on an enforcement order under Section 41(2) of the Enforcement Code, the court with jurisdiction to authorise the bailiff and to act as the court of execution is the general court of the defendant's place of residence. If the defendant does not have a general court in the Slovak Republic, the court with jurisdiction is the one in whose area he or she has property; where more than one court has jurisdiction, the decision is taken by the court to whom the request was first addressed.
Bailiffs are state-appointed officers authorised to execute enforcement of court judgments and other decisions. In carrying out their enforcement duties they have the status of public officials.
Bailiffs carry out their enforcement duties on an impartial and independent basis. In carrying out their duties they are bound by the Slovak Constitution, constitutional acts, international treaties within the meaning of Section 7(2)-(5) of the Slovak Constitution, acts of law, other generally binding legal provisions governing their activities and court judgments issued in enforcement proceedings. They must act in the interests of the claimant, while safeguarding the rights of the defendant.
The bailiff's job is to recover on the claimant's behalf whatever the defendant is liable for under the enforcement order. The bailiff may encroach on the defendant's rights only to the extent necessary to satisfy the claimant's entitlement under the enforcement order.
Applications for enforcement under the Enforcement Code are submitted by the claimant. There is no legal requirement for claimants to be represented by a lawyer for the purpose of submitting an application.
applications for a judgment to be enforced
on the claim recovered, 2%
minimum SKK 500
maximum SKK 100 000
if a cash value cannot be put on the claim recovered
applications for the enforcement of a judgment or execution to be suspended or deferred
applications for a court bailiff to be granted authorisation
court proceedings handling objections to an execution measure carried out under the Enforcement Code
5% of the claim recovered
minimum SKK 500
maximum SKK 200 000
The following assets can be subject to enforcement (execution): salaries, other income, other cash receivables, bank accounts, interests in a commercial company, businesses, rights in property, movable goods, immovable goods and stocks.
The following assets may not be subject to enforcement:
The bailiff authorised to carry out enforcement notifies the debtor and the claimant regarding the initiation of the enforcement measure, how it is to be carried out and any interim costs, as well as informing the debtor that, as of the date on which the enforcement notification is received, he or she is forbidden to dispose of the assets subject to the enforcement measure. Failure to comply with the prohibition carries penalties. If the debtor does dispose of his or her assets after receiving the notification, the transactions may be contested under Sections 42a and 42b of the Civil Code and the debtor is liable for criminal prosecution under Section 256 of the Criminal Code (for acting to the detriment of the creditor).
Within 14 days of being notified that an enforcement measure has been initiated, debtors may submit their objections to the enforcement measure to the bailiff authorised to execute it, if, since the enforcement order was issued, circumstances have arisen that prevent the claim from being recovered or mean that it no longer applies, or if there are other grounds that rule out enforcement. This also applies to objections claiming that the creditor or the debtor are not the legal heirs of the person referred to in the enforcement order. Objections must state the grounds on which they are based; no account is taken of reasons added later on.
Bailiffs must forward objections to the court within 5 days of receiving them. The relevant district court takes the decision on the objections within 60 days of being sent them.
Objections to an enforcement measure have suspensive effect. Until a decision is taken on the objections, no enforcement order may be issued and enforcement cannot go ahead.Top
Last update: 07-05-2007