Who bears the costs of the enforcement proceedings?


According to Art. 34 of the Act on court bailiffs and enforcement, the costs of the bailiff's enforcement activities include: personnel and material costs incurred in connection with the conducted enforcement activities, costs of protection of the seized property and necessary personal protection, as well as insurance of the office's property and its own third party liability insurance, costs of travel in the town which is the seat of the a bailiff, correspondence, cash flow, transport of small movable property that does not require specialized transport, obligatory fees for the bailiff's self-government incurred in accordance with the provisions of the Act and other costs necessary to perform enforcement activities and activities provided for in the provisions of the Act. The next article states that the costs referred to in Art. 34, the bailiff covers the enforcement fees obtained. So from whom does the bailiff obtain the costs of the enforcement proceedings?

When does the debtor bear the costs of the enforcement proceedings?

Article 770 of the Code of Civil Procedure stipulates that the debtor should reimburse the creditor for the costs necessary for the purpose of deliberate enforcement, and the costs themselves are collected with the enforced claim. The bailiff determines the cost of the execution on the condition that it is up to him to lead the execution. Moreover, pursuant to Art. 1025 of the Code of Civil Procedure, it is the enforcement costs that must be covered in the first instance, before any other benefits. However, there are situations in which the creditor has to bear the costs of the enforcement proceedings.

When does the creditor bear the costs of the enforcement proceedings?

When the enforcement proceedings are discontinued at the request of the creditor or when the proceedings are discontinued by operation of law due to the creditor's inaction, the debtor has the right to demand payment of the costs of the enforcement proceedings. However, the debtor must show that the judgment based on the declaration of enforceability has been set aside, modified, terminated or the enforceable title has been rendered unenforceable.

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Can I be exempt from paying the enforcement costs?

There is a possibility that the creditor or the debtor may be released from paying the enforcement costs. Such an opportunity is provided by Art. 771 of the Code of Civil Procedure, which stipulates that the exemption from court costs granted to a party by the court in the examination proceedings or which the party benefits from under the Act also extends to enforcement proceedings. In turn, art. 102 of the Act on court costs in civil proceedings, an exemption from court costs may be requested by a natural person if he or she submits a declaration which shows that he or she is unable to bear them without prejudice to the maintenance necessary for himself and his family. There are also some exceptions provided for in Art. 104 of the Act on Court Costs in Civil Cases, namely that public order organizations operating on the basis of the Act on Public Benefit and Volunteer Work are exempt from court fees.