The Enforcement Code is a law that establishes the rules for the recovery of debts by means of enforcement – it determines who can carry out enforcement, how enforcement proceedings are conducted, how an enforcement order is issued and what rights debtors and creditors have. Thanks to the Enforcement Code, you know what the bailiff is actually allowed to do, where he has legal limits and when it is appropriate to defend yourself or seek legal assistance. Let’s take a closer look.
Quick overview:
The Enforcement Code is the basic legal regulation that governs the enforcement procedure as a whole. It does not only stipulate how debts are recovered, but above all who is authorised to carry out the execution, under what conditions and in what way. In practice, these are boundaries to prevent arbitrariness – both on the part of bailiffs and creditors.
Contrary to the widespread myth, the Enforcement Code does not function as a “how-to guide” for the debtor. On the contrary, it describes in great detail the procedural protection of the debtor, the obligation of the executor to act reasonably and the supervision of his activities by the state. That is why the law repeatedly emphasises that the bailiff is an independent person entrusted by the State, not a businessman acting at his own arbitrary discretion.
At the same time, the Execution Code connects several worlds: courts, executors, the Chamber of Executors of the Czech Republic, tax authorities (e.g. in tax execution), employers and banks. If one does not know the basic rules, one can easily succumb to the feeling that nothing can be done against foreclosure. But this is not true – you just need to know where to look for the limits of the law.
We can help you do just that. We will explain to you in clear terms what rights you have in execution proceedings and what obligations the bailiff has towards you. We will also help you find a solution to your foreclosure problem.
Every enforcement procedure starts with an enforcement application, which is filed by the beneficiary (creditor). Without the application, the enforcement cannot take place. The application must comply with the legal requirements and must be supported by an enforcement document – typically an enforceable judgment, payment order or notarial deed with authorisation for enforcement.
Importantly, the mere filing of a petition does not mean immediate intervention in the property. The executor first applies to the execution court for a mandate to execute the execution. Only after it has been issued can he start taking steps to recover the debt. This distinguishes execution proceedings from, for example, administrative execution, where the administrative authority has a different procedural framework.
The Enforcement Code sets out clear rules, but in practice it is not easy to navigate them. Perhaps you are dealing with an enforcement order, the calculation of the execution, deductions from wages, a tax bonus, or feel that the execution is proceeding unreasonably. It is in these situations that it makes sense to consult with an attorney. We will go over your specific situation with you, clearly explaining what your rights are in the foreclosure process and what steps you can take.
Once the proceedings have been initiated, the bailiff must notify the debtor of the initiation of the execution and give him the opportunity to pay the debt voluntarily. It is at this stage that it is often decided whether the execution will incur significant costs or whether the damage can be minimised. In this respect, the Enforcement Code encourages prompt payment – for example, by reducing the costs of enforcement.
Subsequently, the bailiff may issue an enforcement order specifying a particular method of execution. This must be proportionate to the amount of the debt, a principle that is very often violated in practice.
This is what we encounter repeatedly in our practice – we deal with cases where the chosen method of execution is unreasonable or unnecessarily harsh, and yet there is legal scope to challenge or mitigate the bailiff’s action.
The writ of execution is a key moment in the entire process. It is the bailiff’s decision setting out how the execution will be carried out – for example, by deductions from wages, by attachment of a debt from an account, by sale of movable or immovable property.
The Enforcement Code expressly obliges the bailiff to choose a method that is not manifestly inappropriate. This means that, because of a relatively small debt, the harshest measures cannot automatically be resorted to. Nevertheless, this is what we see in practice, which is why it is important to know that you can defend yourself against certain actions. For example, by applying for a stay of execution or a motion for partial limitation of execution. We will be happy to help you with this.
It’s good to know that significant restrictions can occur very soon after the foreclosure has begun. Once the notice of the commencement of execution has been served, there is usually a general restriction on the disposal of the property (the so-called general inhibitorium) – i.e. the debtor is not “free” to take steps with the property that would frustrate the recovery of the debt.
At the same time, the law remembers exceptions and common life situations so that the restriction is not per se liquidating. Only subsequently does the bailiff issue an enforcement order, which chooses a specific method of execution and thus often “targets” the disposal of the specifically affected property.
One of the common myths is the idea that the executor does whatever he wants. On the contrary, the Execution Code creates a rather complex system of supervision. The basic self-governing body is the Executor’s Chamber of the Czech Republic, which brings together bailiffs, keeps their records and supervises compliance with professional obligations.
In addition to the Chamber, the Ministry of Justice and, in specific cases, the presidents of the courts also exercise supervision. An executor may not only be disciplined for breach of his or her duties, but in extreme cases may also be removed from office. This clearly shows that the claim that execution is a business does not correspond to reality – execution is an exercise of public power with clearly set rules.
Searches such as “foreclosure calculation” or “foreclosure calculator” have long been among the most frequent. People want to know how much a foreclosure will cost them. However, the Execution Code does not determine the amount of deductions in isolation – it refers to other legislation, in particular the Code of Civil Procedure.
Foreclosure calculators are a good guide, but they have limits. For example, they do not address the concurrence of multiple foreclosures, priority claims, or specific income such as tax bonuses.
Particularly problematic is the area of the child tax credit and foreclosure. While the tax credit itself may be enforceable, the tax bonus has special protection in certain situations. This is where mistakes are often made and disputes arise that are difficult to resolve without legal assistance.
Tip: Have you been foreclosed on even though you had no debt? A blocked account, garnished wages or foreclosed property due to someone else’s mistake can be a huge blow to your life. If it turns out that it was a wrongful execution, you are entitled to compensation for damages and non-pecuniary loss under the law. We can advise you on how to claim them.
The Enforcement Code also regulates in great detail the question of how to become a bailiff. Unlike some other legal professions, it is not a free enterprise or a profession for which it is sufficient to meet a formal minimum. A bailiff is a holder of public authority and the strict legal requirements correspond to this.
The basic requirement is a law degree in a master’s degree programme. But that is only the beginning of the journey. Candidates must complete several years of practice as an executor, typically first as a trainee and then as a candidate. This experience is not formal – it involves daily work with execution files, communication with debtors, beneficiaries, courts and other authorities, and detailed knowledge of procedural procedures.
The next step is the bailiff exam, which is one of the most professionally demanding exams in the legal environment. It is not just a test of knowledge of the law, but a test of the ability to apply the Enforcement Code and related legislation in practice, to deal with complex situations and to make decisions with regard to the proportionality of the interference with the rights of the debtor.
However, even passing the exam does not automatically mean appointment to the post. Executors are appointed on the basis of a selection procedure announced by the Chamber of Executors of the Czech Republic and the Minister of Justice has the final say. The number of bailiff offices is limited, so competition is high and not every candidate will get the job.
Once appointed, an executor is not without scrutiny. On the contrary, he or she is subject to the state supervision of the Ministry of Justice and the professional supervision of the Chamber of Executors of the Czech Republic for the entire period of holding the office. He must comply with legal obligations, ethical rules and is disciplinarily responsible for his actions. In extreme cases, he may be removed from office.
The Enforcement Code is a law that sets out the basic rules of enforcement proceedings – it determines who may carry out an enforcement, under what conditions it may be initiated, in what ways it may be carried out and what rights and obligations debtors, creditors and enforcement agents have. Execution proceedings always begin with an execution petition and the existence of an enforceable writ of execution, continue with the court’s authorisation of the executor, notification of the debtor and the eventual issuance of an execution order, which must be proportionate to the amount of the debt. The bailiff is not an entrepreneur but a public authority subject to strict supervision by the state and the Chamber of Executors of the Czech Republic and is obliged to act lawfully and without arbitrariness. The amount of deductions and costs of execution is governed by law and cannot be reliably determined by calculators alone, especially in the case of concurrent executions or for specific incomes such as tax bonus or child tax benefit. At the same time, the Enforcement Code provides for defences against unlawful or unreasonable actions, including motions to stay or limit enforcement, and clearly defines that enforcement is not a business but a regulated exercise of public authority in which timely knowledge of the legal rules is essential.
Although the law allows for certain seizure actions, the debtor must normally be informed of the commencement of the execution. Failure to do so may constitute a procedural error.
Yes, the Enforcement Code allows for the consolidation of executions if the statutory conditions are met. In practice, this can reduce costs and administrative burden.
Yes. The age of the debt does not in itself mean that foreclosure is justified. There are often defects in the title or statute of limitations that can be argued.
In certain circumstances, yes, especially when it comes to community of property. However, the Enforcement Code also provides for exceptions and protective mechanisms.
Yes. The execution can be stopped even without the debtor’s petition, but it depends on the specific reason and who decides on the stopping. The bailiff can decide to stop without a petition, for example, if the beneficiary agrees to stop; if the beneficiary does not agree, the bailiff usually asks the enforcement court to stop. The enforcement court may also decide on a stay without a petition. Typically, the bailiff will also stop the execution if the beneficiary fails to deposit a reasonable deposit for the costs of the execution.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
