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How to find out if you are in foreclosure?

Are you worried that your debts have gone into foreclosure without you knowing it? Or do you know for sure that a foreclosure is pending and need to check the extent of it? Alternatively, do you need to check the debt-free status of your business partners, tenants or life partners? There are several ways to find out (free of charge) if a person is in foreclosure. We will tell you which they are and where you can find them.

manželský pár kontroluje své závazky a dluhy
7 minutes of reading

Chapters of the article

Concluding contracts over the Internet and over the phone, confirming orders or loans with a few clicks on a mobile phone…in today’s electronic age, the ordinary person acquires new commitments very easily. And it’s just as easy to lose track of them. It takes very little. A few days or weeks of inattention and you lose track of your debts.

In our text we would therefore like to discuss how to regain an overview of your debts.

First of all, we must remember that it is far from possible to check all debts. Logically, you will only find debts that fall within a certain register. Whether established by law or by private entities. The only way to find out about other debts is to know about them. We know who our creditor is, and we can ask them about the existence and amount of the debt. So the basic lesson is not to lose track: reserve a folder in your e-mail inbox for e-mails from banks and similar credit companies, and another for purchases made over the Internet. You can also keep your accounts electronically. With a basic knowledge of excel functions or one of a number of accounting applications, you can keep track of your expected income and expenditure throughout the year and the balance you need for the month to keep you from reaching for the loans.

But some seasons of life are challenging and we may not always have the cash available. Therefore, from time to time we will use a loan. The basic lesson in this context is that the item we acquire should not be consumed faster than we can repay the loan. There is a difference between leasing a car, for example, or buying a flat on a mortgage , and taking out a holiday or buying presents for Christmas on an unfavourable consumer loan.

But let’s go back to the original question, which is how can we find out how much we owe and whether we are months overdue? Unfortunately, the possibility of getting a comprehensive overview of debts is complicated in the Czech Republic by the fact that there is no single database that collects records of debtors in one place, but only various, separately functioning registers. Some of them only allow for verification of the debtor’s own identity, while others charge a fee, etc.

What can I find out from the enforcement register?

The Central Register of Executions can be considered to be the largest debtor database due to the obligation of executors to enter their executions into it. The easiest way to find out about an execution is to obtain an extract from it. Although the listing of an execution is subject to a fee pursuant to a decree of the Ministry of Justice, any person (natural or legal) can be checked in this way.

The bailiffs enter the data specified in the notice of initiation of execution into the database after the execution clause has been entered into the register. It is possible to find out whether an execution is pending against a particular person, which bailiff has been entrusted with the execution and what the enforced obligation is.
And what about the prices of extracts from the Central Register of Executions?

  • The price of one page of a certified extract from the CEE is CZK 50 – at branches of the Chamber of Executors of the Czech Republic or at the Czech Post Office.
  • The basic price of an electronic preview via the web interface www.ceecr.cz is 60 CZK regardless of the number of pages.

The extract from the execution register will provide us with an overview of all currently pending execution proceedings that are registered with the audited person. This is the easiest way to find out the number of executions, their number, date of order and file mark. The details of the execution usually include the contact details of the bailiff, the competent court and the bailiff’s office, especially the amount due. All the information is entered directly into the database by the executors, which guarantees that it is verified and up-to-date as of the date of entry.

The execution register is thus a quick, easy and inexpensive way of checking not only yourself, but also, for example, a prospective tenant, business partner, car dealer or employee. However, it only includes valid, i.e. currently pending, foreclosure proceedings. Once the debt is paid, it is deleted from the database and the record becomes untraceable.

However, the execution register does not record cases brought against the debtor by state and local government authorities – i.e., for example, the tax office, the Social Security Agency or the health insurance company. This category usually includes municipal authorities and liabilities incurred by failing to pay certain regular fees (e.g. for a dog or municipal waste collection). To find out the status of debts with these institutions, you should contact them individually. In the case of service providers (utilities, internet, etc.), the situation is usually easier, as you can find out if most of the arrears exist thanks to electronic bills.

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Tip: Naturally, none of us wants to get into foreclosure. The most prudent among us may find it risky to take out even a regular loan or hire purchase, while others use another loan to make ends meet and do not consider the possibility of over-indebtedness. So what is a reasonable rate and how do we go about avoiding foreclosure? And how do we defend ourselves if foreclosure occurs? This is discussed in more detail in our article.

Courts

Every court is required to keep a record of all proceedings which have been or are pending before it. The interviewer has the right to obtain from the court information about all enforcement proceedings in which he or she has been or is involved. An extract from the record of proceedings held by the court can be used to find out not only all pending or completed court proceedings in which the interviewer has been involved, but also details of the creditors and defendants of the interviewer’s debts.

SOLUS Register

Another established registry is Solus, which keeps information on those who are in arrears with their payments. A statement is also issued with an application via the company’s website for a fee of up to 250 crowns depending on the form and type. Or an electronic statement can be obtained with a mobile phone app.

The advantage is that in addition to the extract from the registers, Solus also offers a preview of the Central Register of Executions and the Insolvency Register. The statement will then arrive directly to your email, and if the order is paid by credit card, it will arrive promptly.

The Solus register extract can again be requested remotely. This extract again contains details of all the enquirer’s current and past debts, their amount or arrears.

Other registers

Data on loans – even properly repaid loans – are also recorded by the Banking Register of Client Information (BRKI) and the Non-Banking Register of Client Information (NRKI).
These registers are usually used by lenders to find out whether prospective borrowers are repaying their debts properly or whether they have too many loans. The statement therefore provides information on all loans and commitments made by banks, building societies, instalment loans, credit, leasing and other financial institutions.

Creditors

In addition to applying to the various registers, it is of course possible to contact potential creditors directly, or at least those with whom we have regular payments. These are the suppliers of services – energy, telephone, internet, the Czech Social Security Administration and the health insurance company. Arrears and debts can of course also arise with the tax office. In practice, self-employed persons in particular are frequent enquirers at these institutions.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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