JUDr. Martin Petrovič, súdny exekútor
For Foreign Creditors
The power of the bailiff in the Slovak Republic is limited by the territory of the Slovak Republic. It means that the bailiff can seize only the property of debtor which is situated in the territory of the Slovak Republic. The person classified as the debtor does not need to be just a citizen of the Slovak Republic or the company established according to Slovak law; it can be a subject of any state under the condition that he has a confessable property in the Slovak Republic.
The main condition for the enforcement is the existence of the enforcement title; it means that the creditor has an executable decision of a state court or other executable public record originating from a foreign state. The creditor may file a motion to levy of execution to a bailiff placed in Slovakia after the debtor has failed to fulfil his commitment according to the executable decision properly and in time. The levy of execution has to be filed in Slovak language to the chosen Slovak bailiff and should come with attachments like the legalized copy of the enforcement title translated into Slovak language and with the payment of the court fee to the bank account of the Slovak bailiff in the sum of 16,50 Euro. Bailiff’s Office ensures the completion of the application to levy of execution. The creditor can be represented by a lawyer placed in Slovakia who can take all necessary steps instead of the creditor and protects his well interests during the whole enforcement.
After the proposal to levy of execution the bailiff shall apply at the district court for authorization to levy of execution. After granting the authorization the bailiff performs operations to determine the debtor's assets. The success of the enforcement depends on how many assets does the debtor posses and if the assets are sufficient for the successful completion of the enforcement. If the completion of the enforcement is successful the creditor is not obliged to pay any costs of the execution which are covered by the assets of the debtor. If the completion of the enforcement is not successful the creditor is obliged to pay all necessary reasonably incurred costs of the enforcement according to the Slovak law mainly in the case when the debtor has no assets to enforce.