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HOW TO ENFORCE A DOMESTIC JUDGEMENT IN HUNGARY?
07 July 2023
As many people know, enforcement can be requested on a final judgment. Furthermore, in case if the debtor did not raise any objection against the order for payment in 15 days the order for payment has the same force as a judgement from the court, and the creditor can enforce it. But how exactly can enforcement be requested and what are the costs? These and other questions will be examined in this article, which summarises how to enforce a domestic judgment in Hungary.
1. In which cases can enforcement be requested?
Enforcement can be requested if the decision to be enforced
- contains an obligation (imposition of a penalty),
- is final, definitive or provisionally enforceable; and
- the time limit for performance has expired.
2. Where to initiate enforcement?
An application for enforcement must be submitted to the court of first instance or, in the case of a final order for payment, to the notary who issued the order for payment.
Enforcement may be ordered by means of an enforceable order. The court or notary issues the enforcement order at the request of the party seeking enforcement.
3. How can enforcement be requested?
Enforcement can be requested by submitting an enforcement application form to these bodies.
The application for enforcement must include information on the parties, the enforceable decision, the claim to be enforced, and as much information as possible on the debtor’s assets that may be subject to enforcement. The application must be accompanied by the final court decision, other enforceable instruments and, where applicable, a power of attorney.
We note that procedure for enforcement can be initiated with a few clicks on the notaries’ online platform.
4. How much does it cost to start enforcement?
The costs of enforcement are advanced by the applicant and borne by the debtor.
The fee is 1% in enforcement proceedings, with a minimum of HUF 5,000 and a maximum of HUF 350,000.
If an application for enforcement is made to a notary on the basis of a final order for payment, the fee is 1% of the fee, but not less than HUF 5,000 and not more than HUF 150,000.
5. How long does it take to decide on an application for enforcement?
The court or notary will examine the application without delay and at the latest within 15 days of receipt in order to determine whether the case should be transferred, dismissed on the merits or returned with a request for missing information.
The decision shall be taken within 15 days of receipt or, if missing information has been requested, within 15 days of the information being supplied. If the application is justified, the enforcement order is issued, otherwise, enforcement will be refused.
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