Enforcement proceedings are court proceedings aimed at enforcing the fulfilment of an obligation contained in an enforcement order which has not been fulfilled voluntarily. The parties to the proceedings are the entitled party (the party in whose favour the performance is to be made) and the obliged party (the party who has the obligation to perform).

The writ of execution is within the meaning of Section 45 of the Enforcement Procedure Code, for example:

• an enforceable decision of a court, if it confesses a right, imposes an obligation or affects property,
• a judgment in criminal proceedings imposing an obligation to compensate for damage,
• a notarial deed, subject to other conditions,
• an enforceable decision rendered in arbitration proceedings,
• a decision on inheritance,
• an enforceable decision of a public authority and a local authority, including a block for a fine not paid on the spot,
• a payment order, a statement of arrears in respect of taxes and duties, and a settlement approved by the competent authority,
• an enforceable decision and a statement of arrears in matters of social security, social insurance, old-age pension savings and public health insurance.

An unpaid invoice or any other breach of a contractual or other obligation is not an enforceable title. If you have a debtor but do not yet have a court decision (enforcement title), you must first apply to the court with a lawsuit or a motion for a payment order. If your claim is not satisfied even after the court decision, it is possible to seek enforcement of the obligation in an enforcement action.

Commencement of enforcement proceedings

Enforcement proceedings are usually initiated on the application of the person entitled to the enforcement order. After 1 April 2017, the application for execution (hereinafter referred to as the “application”) shall be filed exclusively by electronic means, using a designated electronic form to the electronic mailbox of the Banská Bystrica District Court.

The application must be signed with a qualified electronic signature and a mandate certificate or a qualified electronic seal with an attached time stamp (Section 23 of the e-Government Act). The documents to be attached to the application for execution (Section 48(4) of the Execution Procedure Code) shall be submitted by electronic means to the court’s electronic repository together with the application for execution. The writ of execution and the public documents shall be attached to the application for execution as an original electronic document which is authorised or as an electronic document created by a guaranteed conversion (Section 35 of the e-Government Act) of the original document in paper form. The most convenient way of filing a petition for execution is through the eClaim portal (creation of a petition).

A court fee of EUR 16.50 is payable on the application. The amount of the fee and the billing details shall be communicated to the taxpayer by automated means after the application has been lodged.

Exemptions from payment of the court fee of EUR 16,50

Pursuant to Section 4 of the Court Fees Act, the following court proceedings, for example, are exempt from the fee:

• in matters of health insurance, social insurance, old-age pension savings, supplementary pension savings, state social benefits, social benefits and contributions,
• enforcement and execution proceedings for the recovery of claims for court and notary fees, fines, penalties and legal costs recovered by the State,
• The following are exempt from the fee:
• The Slovak Republic, state budgetary organisations, state special-purpose funds, the Slovak Land Fund, the Social Insurance Institution,
• municipalities and higher territorial units in proceedings in matters of public and socially beneficial interest,
• the beneficiary in proceedings for compensation for damages arising from occupational accidents and occupational diseases, and in the application of claims arising from invalid termination of employment or state-employee employment,
• a beneficiary claiming maintenance,
• a beneficiary in proceedings for compensation for damage, including damage to property, arising out of personal injury,
• a person entitled in proceedings for compensation for damage or non-pecuniary damage caused by a criminal offence,
• a consumer seeking protection of his right under a special provision.

Course of the execution

The court shall allocate cases by issuing a mandate for execution evenly to individual bailiffs by random selection using technical and software means. The court shall assign the cases to the bailiff appointed for the territorial district of the regional court in which the place where the debtor’s domicile or registered office is situated.

The court shall send the issued mandate for execution to the authorised bailiff together with a copy of the application for execution. On delivery of the mandate to the executor, the execution shall be initiated.

After the commencement of the execution, the executor shall notify the creditor and the debtor of the commencement of the execution and of the manner of its execution, if it can already be determined; he shall call upon the debtor to fulfil the enforced claim. The bailiff shall notify the debtor of the commencement of the execution and of the manner of its execution before issuing the enforcement order.

The bailiff shall, within the time limits laid down in the Enforcement Code, inform the person entitled of the status of the execution by electronic means.