Enforcement Order and European Enforcement Order
- We provide full legal counselling, explaining the pros and contras in respect of the European Enforcement Order in the form of a notarial deed
- We can draw up a notarial deed with consent of enforceability pursuant to Enforcement Code
- We can provide you with advice in the field of European Enforcement Order
The basis for enforcement and thus the method how to claim rights from debtor is the enforcement order that confers a right, obliges to a duty or affects a property. The most frequent enforcement order is the court decision that you receive after filing an action with the court and success in the adversarial procedure.
Due to immense workload of courts, today court procedure means a lengthy process that is even costly from financial point of view (court procedure, charges, attorney fees).
The Enforcement Code prescribes that a notarial deed can be an enforcement order in which the obliged person agrees with direct enforceability of the notarial deed. The content of such notarial deed is the consent of the debtor that in case he fails to meet the obligations toward the creditor in time, the notarial deed represents an enforcement order and based on it enforcement toward debtor on debtor's property is possible.
Such Enforcement Order immensely contributes to simplification and acceleration of law enforcement.
The most frequent cases of consent with enforcement are contracts on loan, credit contracts, acknowledgement of debt and schedule of instalments, etc.
The notarial deed with consent of enforceability can serve as basis for the issuance of the European Enforcement Order.
- Valid identification document - e.g. ID card, passport, permit for long-term stay of foreign nationals (driver's license , police confirmation on ID card hand-over and application for the issuance of a new ID card, health insurance card do not serve as identity cards)
- Up-to-date Extract from the Companies Register if the debtor is a legal entity (provided by us)
European Enforcement Order:
If your debtor is situated in another member country, the recovery of claims can be demanding and complicated. The competence of the court executor of the Slovak Republic is limited to the territory of the Slovak Republic, that means that the executor shall not be able to perform enforcement in respect of property situated abroad. In case that the debtor's property is in another member country, the process pursuant to the Regulation of the European Parliament of the Council (EC) no. 805/2004 can be applied that deals with the European Enforcement Order for undisputed claims.
Based on this regulation it is possible that the notarial deed - in which debtor agrees with enforceability - be certified as the European Enforcement Order.
Based on such European Enforcement Order you can consequently perform enforcement in whichever EU country, excluding Denmark.