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Simplified Enforcement of Monetary Claims in the Czech Republic

Czech Republic
06/09/2024
Available languages: CZ
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As of 1 July 2024, there has been a small but significant change in the area of expedited civil judicial procedure in the Czech Republic. Act No. 99/1963 Coll., the Civil Procedure Code, as amended (“ Civil Procedure Code”), has been amended by Act No. 180/2024 Coll., which now allows for substitute delivery of payment orders (including electronic payment orders) when these are served to a data box, an option that was previously excluded.

Advantages of Payment Orders

  1. Speed and Efficiency: Expedited proceedings accelerate the judicial procedure. When issuing a payment order, the court’s decision is based solely on the statements and evidence presented in the application. The payment order then represents a judicial decision, and if no timely objection is filed by the defendant, it becomes final and enforceable.
  2. Substitute Delivery Option: If the defendant has an established data box, the payment order is served to their data box. In this case, the payment order is considered delivered as soon as an authorized person accesses the data box. If no authorized person accesses the data box within 10 days of the payment order being served to the data box, the payment order is now deemed delivered on the last day of this period.

In the Czech Republic, all sole entrepreneurs and legal persons are required by law to have a data box, and non-business individuals have the option to establish one.

Impact of the Amendment 

The change in the Civil Procedure Code allows creditors to swiftly and effectively enforce monetary claims when the defendants have established data box. It may be possible to obtain a final judicial decision in as little as 2 months.

Defendants therefore cannot rely on the cancellation of a payment order in the event of their procedural inactivity. This means that defendants must exercise caution, as they have only 15 days to file an objection against the payment order, even if they do not access their data box.

If you are interested in the topic of debt collection and would like to know more, contact your CMS client partner or our CMS litigation expert Jan Ježek.

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