Information on the rules applicable to execution procedures during the time of the emergency
Government decree No. 57/2020 (III.23.) on the measures to be taken in connection with the enforcement during the emergency ordered in order to avert the consequences of the epidemic causing mass illness that threatens the safety of life and property, and to protect the health and life of Hungarian citizens
Within the meaning of section 2 of the decree:
- The bailiff may establish the installment payment without the prior consent of the applicant during the time of the emergency, if the debtor indicates his intention to pay in installments.
- The bailiff’s personal client reception has been suspended for the duration of the emergency, during which the contact with the bailiff can be made in writing or electronically, and by placing the documents in a collection cabinet at the bailiff’s office.
- The bailiff sends the documents relating to the enforcement proceedings to the parties by post or electronic means. As a result, no bailiff service will take place during the period of the emergency, and the delivery deadline will start again on the 15th day after the end of the emergency.
- During this period information related to the enforcement procedures may be provided by means of telecommunication after identification of the person requesting the information.
In the decree, the Government ordered the suspension of certain on-site proceedings and on-site procedural actions for the duration of the emergency. Based on this, most on-site procedures and most on-site procedural actions shall not take place during the emergency. The deadlines for these shall start again on the 15th day after the end of the emergency.
On the basis of the decree no fine may be imposed on a person who, during the emergency, was unable to comply with his legal obligation due to the epidemiological measures. In addition, at the request of the debtor, the enforcement court may, exceptionally, suspend the enforcement if the debtor got into a life situation in connection with the epidemiological measures which is an acceptable circumstance.
From the day of entry into force of the decree, so from 24 March 2020, the enforcements initiated by the tax authority, shall be paused, furthermore, in these proceedings, the limitation period for enforceability shall rest until the 15th day following the cessation of the emergency. Exceptions to this are the procedures regulated in subchapters 57 and 57/B of Act CLIII of 2017 on Enforcement by the Tax Authority, and the procedures for the enforcement of claims for breach of epidemiological measures during the emergency.
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