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How to enforce your claim outside the court: try a notarial deed

Slovak law provides a wide range of options for creditors to secure their claims.

In particular, guarantee, pledge/mortgage or contractual penalty are frequently applied. Given the long-lasting nature of lawsuits, creditors tend to secure their financial claims, such as loans, by applying the concept of acknowledging the debtor’s obligation before a notary, who prepares a deed recording the fact. If the notary’s deed includes a clause where the debtor declares that he/she agrees with its enforceability, then the deed becomes the enforcement order. This means it is not necessary to initiate a lawsuit for repayment of the claim.

Recently, the Slovak Constitutional Court helped simplify applying a notarial deed with an enforceability clause in practice. In its decision the Constitutional Court stated that in the enforcement proceedings, a notarial deed is reviewed only from the standpoint of whether all formal and material prerequisites are present regardless of the substantive basis. Therefore, if a notary’s deed includes all prerequisites prescribed by law, while the fact that it is drawn up by the notary responsible for it must be taken into consideration, any debtor’s objections to the claim being enforced, such as the existence of the debt, its amount, maturity, and so on, will not be investigated in the enforcement proceedings. Thus the bailiff can more quickly and efficiently enforce the amount due.

 

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