13.08.2024 16:36
Does someone owe you money, but is not paying you back? Are you serving a document on a person with permanent residence at the municipal office? Then beware, because a major change in service of documents has come into force. The relevant amendment to the Code of Civil Procedure applies from July 1st 2024.
Delivery of Payment Orders to a Data Box
A payment order is an option to recover a debt if you are discouraged by a lengthy court procedure. An application for a payment order is a special form of legal action – quick and efficient.
Until now, the order for payment had to be delivered into the defendant’s own hands – i.e. to the debtor. The debtor then had fifteen days to pay the debt or to oppose the order for payment.
In the case of service to a data box, if the person did not log in to the data box within 10 days of delivery, the order for payment was cancelled and the standard court proceedings were initiated.
The amendment to the Code of Civil Procedure, which came into effect July 1st 2024, changes this. And how exactly?
The new rule is that the lapse of 10 days after delivery to the data box triggers the so-called fiction of delivery, i.e. presumed delivery, and the time limit for payment of the debt or filing of an appeal begins to run as of that moment.
Delivery of Documents to the Reporting Office
The service of documents on persons who are registered for permanent residence at the municipal office (reporting office) is also subject to the fiction of delivery of documents. The court is now obliged to safe keep such documents and to post a notice on the court’s notice board requesting the person concerned to collect the documents from the court or to provide another address to which the documents are to be served.
If the person fails to collect the documents within 10 days of the posting of the notice or fails to notify a new address, the document shall be deemed to have been served even if the addressee has not actually been informed of it.
These amendments to the Code of Civil Procedure are intended to contribute to faster recovery of claims by creditors and to increase interest in the use of payment orders.
Are you dealing with problems with payment orders or delivery of documents?
The team of Felix a spol. is ready to provide you with the necessary support. You can send your questions to akf@akf.cz.