This article deals with the law of the Slovak Republic and its application by Slovak courts and authorities.
An unlawful execution can cause a great deal of trouble – a blocked account, wage deductions, or a threat to your property. Sometimes it concerns a long-barred debt, other times a claim that has already been paid, or even a case of mistaken identity. The important thing is not to remain passive and to act as soon as possible.
The first step is to carefully review the documents you received. From the notice of commencement of execution you will learn who the entitled party (creditor) is, on the basis of which decision the execution is being carried out, and what amount is being claimed. Verify whether the debt actually exists, whether you have already paid it, and whether it is time-barred. Keep all records of any payments.
If you believe the execution is unlawful, the law allows you to defend yourself. Within certain deadlines it is possible to file objections or a motion to stop the execution and request a postponement while the matter is assessed. These deadlines are usually short, so it is wise to act without delay – missing a deadline can significantly complicate your defence.
Communicate with the court executor as well, but always in writing and keep copies. Never sign agreements or acknowledgements of debt without being certain that the debt truly exists. If you are unsure about the correctness of the procedure, have the documents reviewed before you pay or sign anything.
Every case is individual and the success of a defence often depends on details and meeting deadlines. That is precisely why it is worth turning to a lawyer who can quickly assess your options and propose the most suitable approach, so that you do not needlessly lose money or property.
If you are dealing with an execution you believe is unlawful, we are happy to help. At Kohút & Partners in Zvolen we offer an assessment for a firmly agreed price and we will respond to your question within 24 hours. Get in touch with us and gain clarity about your situation.