The quickest way for the debt recovery in the Czech Republic can be an agreement with the debtor executed in the form of notarial deed with a direct enforceability clause. In case the debtor fails to duly and timely repay the debt specified in the notarial deed, the creditor shall be entitled to start the enforcement (execution) procedure carried out by an executor, i. e. without the need for prior judicial proceedings and court´s decision.
If the debtor is not willing to acknowledge the debt in exchange for the alternative time period for repayment or for the instalment payments, the other quickest way is to submit an application to the court for payment order or electronic payment order. If the debt is properly claimed and evidenced, the court will issue the (electronic) payment order without any prior hearing. It is necessary that the payment order is delivered and taken over by the debtor. If this is the case, then the debtor is obliged to fulfil the payment order or file a protest against it within 15 days as of its receipt. In case either the payment order is not delivered directly to the debtor or the debtor files the protest, the court has to schedule a court hearing and a regular judicial proceeding is applied thereafter.
How much does it cost?
The notary’s remuneration for execution of a notarial deed is fixed by the law – it is set forth in a notarial tariff and is mostly often based on the value of the item on which the notarial deed is executed, e. g. the amount of the debt. For instance – if the debt amount does not exceed 100.000 CZK, the notary’s remuneration is 2 %, if the debt amount does not exceed 500.000 CZK – 1,2 %, etc. Of course it can be agreed that the costs of the notarial deed shall be covered by the debtor.
The mandatory cost of submitting an application to the court for payment order represents a court fee, which is 5 % of the principal amount of the debt. If the application is submitted in electronic form (the application for electronic payment order), the court fee is 4 % of the principal amount of the debt.
Fees for the legal representation are stated in a mandate agreement, approximately 3.000 CZK per hour. The compensation of costs is mostly ruled by the principle of success in litigation.
What else is necessary to know before applying for debt recovery services?
It is highly recommended prior any legal action to check the Insolvency Register whether the debtor has not already gone bankrupt. The debtor cannot be successfully tried if he has been already declared insolvent and in that case the creditor must register the debt/ its claim with the insolvency court (within the time period stated by the court).
The creditor should also check the Execution Register. From the number of any previous enforcement procedures against the debtor it can be assessed, what is his financial status and the probability of successful debt recovery. Moreover, if the enforcement procedure is terminated due to the fact that the debtor has no assets from which the debt and procedure costs could be covered the creditor would have to pay a minimum amount of the enforcement procedure costs to the executor which is approx. 8.000 CZK.
Any tips in the light of COVID-19?
The Czech government has recently approved a proposal of the Act on some mitigation measures related to coronavirus epidemic which shall introduce, among others, an extraordinary moratorium on repayment of loans and mortgages due to the coronavirus pandemic. According to this proposal clients may ask for postponement of repayment of loans and mortgages for three or six months and all banks and non-banking companies are obliged to accept such request free of charge. Repayments will be deferred for both consumer and business loans, including mortgages that were negotiated and drawn before March 26, 2020.
Further on, the bill includes:
- Deferral of the debtor’s obligation to file an insolvency petition in case of bankruptcy, until the expiry of 6 months from the end of the respective emergency measures;
Creditor’s petition, which was filed from the date of entry into force of the proposed law until 31.8. 2020 shall be disregarded.
Debtor in Czech Republic? http://www.unidebt.co