Convergence of enforcement in enforcement proceedings


Coincidence of enforcement is a situation in which a judicial and administrative enforcement or several executions conducted by different bailiffs of the same debtor are brought against the same debtor and his property rights or something.

Convergence of judicial and administrative enforcement

Such an overlap of enforcement takes place if the court bailiff and the administrative authority direct enforcement actions against the same debtor (his property law or some thing). If the entity obliged to carry out the seizure (e.g. a bank account) is a bank, it informs all the entities carrying out the seizure about the occurrence of an overlap. After informing all the enforcement activities are suspended at the request of the creditor, debtor or also ex officio. Later, the court makes a decision (in the form of a decision, within 14 days) on the authority competent to conduct the enforcement jointly. The court examines a given case in terms of the advancement of enforcement proceedings and decides which of the actions taken remain in force (exception: in the EPU, the entire case is taken over by a court bailiff). The above rule also applies to further fugitives, i.e. the authority that was appointed by the court at the first fugitive takes the lead. The parties and the administrative enforcement authority may lodge a complaint against a decision on overlapping in the event that the decision was issued by a court referendary or a complaint in the event of an order issued by a court.

Coincidence of court executions

In the event of a coincidence of court executions (multiple bailiffs), the provisions of the Code of Civil Procedure (Civil Procedure Code Art. 773) apply to the subject of the decision. According to the regulations, bailiffs are required to determine the local jurisdiction to determine which is competent in a given case. If more than one is locally competent or none, then the one who instituted the execution first takes precedence. The bailiff who later initiated enforcement is obliged to transfer the case and must inform the creditor about this fact.