Court enforcement officer

What it means

A court enforcement officer is a person authorised by the state to enforce claims when the debtor does not pay voluntarily. The officer acts on the basis of an enforcement title, such as a final judgment, a payment order, a notarial deed with an enforceability clause or an arbitral award. The officer is not the creditor's representative but an impartial enforcement body.

In Slovakia the creditor does not choose the officer. An application for enforcement is filed electronically with the court, which assigns the case to an officer at random. The system is meant to stop large creditors concentrating their cases with selected officers and to ensure an even distribution.

The officer can use various methods: deductions from wages and other income, attachment of a bank account, sale of movable property, sale of real estate or an enforcement charge. For non-monetary claims, the officer arranges for example the eviction from property or seizure of an item.

How it works in practice

For a company as creditor, enforcement is the last step of debt recovery. First an enforcement title must be obtained, most often through a payment order. Enforcement costs, the officer's fee and expenses, are in principle borne by the debtor, but if enforcement fails, part of the costs may fall on the creditor.

A company that is the debtor in enforcement receives a notice that proceedings have started. From then on it may not dispose of its assets, and its bank account may be frozen. It must act quickly: check whether the claim is justified, consider objections or an application to stop enforcement, and discuss instalments with the officer.

An employer plays the role of wage payer in enforcement. On receiving an order for deductions from an employee's wages, it must calculate the deductions under the law, respect the order of priority of claims and remit them to the officer. Errors in the calculation or failure to deduct can make the employer itself liable for the unpaid amounts.

What to watch out for

Watch limitation and the lapse of enforcement. An enforcement title cannot be pursued indefinitely, and if enforcement drags on for years without result, it may be discontinued by law. A creditor should follow progress and assess whether to continue or write the debt off for tax purposes.

Enforcement by a court officer must be distinguished from tax enforcement, carried out directly by the tax administrator, and from enforcement by the Social Insurance Agency or health insurers. The rules and remedies differ. With several parallel enforcements, the order of priority must be tracked and each set of rules followed.