OFFICE

Rights and Obligations

🏛️ Rights of the Creditor

• To request the competent enforcement officer to initiate enforcement proceedings on the basis of an enforceable instrument.
• To request interim measures.
• To authorise the enforcement officer to determine the method of enforcement at their discretion.
• To request the surrender or sale of pledged property in accordance with the Special Pledges Act or the Civil Procedure Code.
• To appeal against unlawful actions or refusals of the enforcement officer.

🏛️ Obligations of the Creditor

• To submit the court decision and the necessary documents for the initiation of enforcement proceedings.
• To pay the fees and enforcement costs due in the course of the enforcement proceedings.

🏛️ Powers of the Private Enforcement Agent

• The Private Enforcement Agent may request assistance in the exercise of his or her statutory powers from all state authorities, public officials, and organisations, which are obliged to provide such assistance.
• The Enforcement Officer shall have the right of access to judicial and administrative authorities (including tax authorities, the National Social Security Institute, the Central Depository, and registers of government securities and property), and shall be entitled to conduct inquiries, as well as to obtain copies and extracts of documents.
• The Enforcement Officer shall have the right of access to the debtor’s personal data where this is necessary for the purposes of the enforcement proceedings.
• Upon authorisation by the creditor, the Enforcement Officer may determine the method of enforcement.
• The Private Enforcement Agent may serve summonses and documents in enforcement cases initiated before him or her, as well as extrajudicial documents.
• Upon authorisation by the debtor and/or the creditor, the Private Enforcement Agent may, in connection with the enforcement proceedings, act as custodian of the property provided as security.
• Upon instruction by the parties, the Private Enforcement Agent may, in connection with the enforcement proceedings, mediate a settlement between them.

🏛️ Obligations of the Private Enforcement Agent

• The Private Enforcement Agent is independent and, in the performance of his or her functions, shall be subject only to the law.
• The Private Enforcement Agent may not refuse to perform enforcement actions, except in the cases provided for in Article 22 of the Civil Procedure Code.
• The Private Enforcement Agent shall be obliged to maintain professional confidentiality regarding all circumstances that have become known to him or her in connection with his or her work and may not use such information for personal gain or for the benefit of third parties.
• The Private Enforcement Agent shall be required to maintain professional liability insurance for the duration of his or her activity, covering damages resulting from the culpable non-performance of his or her duties.
• The Private Enforcement Agent shall be obliged to maintain an independent official archive.
• The Private Enforcement Agent shall observe professional ethics and safeguard the prestige of the profession.
• The Enforcement Officer shall not carry out enforcement actions without an enforceable title being presented — namely, a writ of execution or another enforceable instrument.
• Upon commencement of enforcement, the Enforcement Officer shall send the debtor a notice granting a two-week period for voluntary compliance.
• The Enforcement Officer shall suspend or postpone enforcement actions in the cases provided for by law, including where the debtor pays 20% of the claim and undertakes in writing to make monthly instalments of 10%.