Suspension of enforcement activities in enforcement proceedings


Pursuant to the Code of Civil Procedure, the bailiff may suspend enforcement activities if, prior to the commencement of the proceedings, the debtor submits indisputable proof in writing that he has fulfilled his obligation or if the creditor has agreed to defer the payment of his debt, and also if the debtor or his spouse will raise a complaint against the performance of acts under the marriage contract, which he will submit to the bailiff (it must be shown that the creditor knew about the provisions of the marriage contract).

Suspension of enforcement activities by the bailiff

Suspension of enforcement activities by the bailiff does not mean that the authority is completely passive. The bailiff, according to the circumstances, will take steps to enable further, future continuation of the proceedings.

Another form of suspension of enforcement activities is the suspension of the proceedings pursuant to a decision issued by a court.

The principle of enforcement proceedings is that the court bailiff does not examine the validity of the writ against which the creditor applied to him. Therefore, the demonstration by the debtor (his spouse) of circumstances that could justify the discontinuation or suspension of enforcement proceedings cannot be effective.

Suspension of enforcement activities - examples

Example 1.

Is it possible to apply for enforcement activities despite the bailiff's decision?

Yes. The bailiff is obliged to carry out the suspended activities and continue the proceedings, if the creditor expresses such a will. In this case, the decision rests with the creditor.

Example 2. 

What if the creditor was wrong to apply for enforcement actions?

In such a situation, the debtor may defend himself against enforcement by bringing an anti-enforcement action. The debtor has the right to claim damages from the creditor if he has suffered damage as a result of unjustified support for enforcement.