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Enforcement title
A notarial deed can be an enforcement title only if it contains all the statutory elements and the obliged person consents in it to enforceability. The creditor may then, where the conditions of enforcement law are met, apply for enforcement without a prior judgment.
What this service means
What a notarial deed as an enforcement title is
A notarial deed can be an enforcement title if it contains the data required by law on the entitled person and the obliged person, on the legal ground, on the subject matter and on the time of performance, and if the obliged person consents in it to enforceability. If the other conditions of enforcement law are also met, the creditor may apply for enforcement to be carried out without a prior judgment. Not every notarial deed, nor every declaration by a debtor, has this effect.
What the notary does and does not do:
- draws up a notarial deed with all the required elements (entitled person, obliged person, legal ground, subject matter and time of performance, consent to enforceability),
- verifies the identity of the parties and advises them of the consequences — in particular the debtor, as to what a consent to enforceability means,
- does not carry out the enforcement (that is done by a court enforcement officer, súdny exekútor), does not decide the dispute and does not recover the debt — it only creates the title.
To be clear. A notarial deed creates a title — it does not guarantee that the debtor will pay, nor that the enforcement will be successful. It is one of the ways of securing an obligation; its advantage lies precisely in the fact that it allows direct enforcement without prior court proceedings.
Cross-border performance (European Enforcement Order)
If the obligation is to cross borders within the EU, a notarial deed on an uncontested claim may serve as the basis for a European Enforcement Order (európsky exekučný titul). For notarial deeds, the certificate of a European Enforcement Order is issued by the regional court (krajský súd). We will assess in advance whether your claim meets the conditions of an uncontested claim.
Procedure
How it usually proceeds
Agreement on the obligation. The creditor and the debtor reach an agreement (for example, in a loan agreement or an acknowledgement of debt) and turn to the notary.
Advice and verification. The notary verifies the identity of the parties and advises them of the consequences.
Drawing up the deed with all the required elements and with the debtor's consent to enforceability.
In the event of non-performance the creditor holds a directly enforceable title and may file an application for enforcement with the competent court, which then authorises an enforcement officer to carry out the enforcement.
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Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.