Implementation

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The decisions of the courts and other bodies that settle legal disputes, as well as claims based on certain documents, must be executed through judicial enforcement - a non-litigation procedure.

The rules of judicial enforcement are set out in the LIII of 1994. Act (hereinafter Vht.) contains.

The enforcement procedure has two stages,

ordering execution and undertaking it.

Execution order:

The enforcement procedure is initiated at the request of the person requesting enforcement.

The court authorized to order enforcement issues the enforceable document (enforcement form, enforcement clause, blocking order, transfer order) if the general conditions for enforcement are met, so the decision to be enforced contains an obligation (sentence), is legally binding,

and the decision can be executed definitively or provisionally and the deadline for execution has expired.

The person requesting enforcement must initiate the enforcement of the decisions made by the notary (e.g. payment order) and the provision of notarial documents with an enforcement clause at the notary.

Implementation of the implementation:

As a general rule, during court execution, an independent court bailiff carries out execution of the execution.

If the applicant for enforcement knows the debtor's bank account number or his employer [the body that pays his allowance (e.g. Nyufig)], he can also request the issuance of a transfer order or a blocking order.

In this case, no bailiff is involved in the procedure, the court sends the enforceable document directly to the financial institution managing the account, or to the employer or disbursing body for blocking.

In other cases, the court (notary public) ordering the execution of the enforceable deed shall place the debtor's place of residence, registered office,

and in some cases, it is sent to an independent court bailiff ompetent according to the location of the asset subject to execution in order to execute the execution.

According to the main rule, the costs incurred during court enforcement are paid in advance by the person requesting enforcement and borne by the debtor.

During the execution of the monetary claim, the property rights of the debtor are restricted in order to collect the claim.

The executor can carry out enforcement against the debtor's account managed by the payment service provider, wages, chattels (vehicles), and real estate.

If the legal conditions are met, the executor will set an auction for the sale of the seized movable property and real estate.

The Vht. formulates special rules for implementation,

if the enforcement is aimed at the performance of a specific act or specific behavior, tolerance, or cessation.

The person requesting enforcement, the debtor, or other interested party whose right or legitimate interest is infringed by the enforcement officer's action or failure to act may submit an objection to enforcement, which must be submitted to the enforcement officer.

The executor is obliged to forward it to the court executing the execution. The court authorized to enforce the enforcement is usually not the same as the court ordering the enforcement, because the enforcing court is the district court where the enforcement officer is based.