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Deferral of Attachments and Extension of Ban of Enforcement of Pledges and Auctions 

by Katarina Cechova

Published: April, 2020

Submission: May, 2020

 



The Slovak Parliament passed on 22 April 2020 the bill amending Act No. 62/2020 Coll. on certain emergency measures in relation to the spread of dangerous contagious human disease COVID-19 and in the justice, and amendments to certain laws (the “Lex Corona”). The bill of Lex Corona, among others, provides for special rules on deferral of attachments (executions) over properties of natural persons if financially affected by spread of coronavirus. It also prolongs time periods for temporary ban on enforcement of pledges and auctions. The bill needs to be signed by the President of the Slovak Republic and shall into come into force once published in the Collection of Laws. The bill was published in the Collection of Laws on 25 April 2020 and the below described provisions came into force on the date of the publication.


Deferral of attachments of properties of natural persons


The regulation introduces deferral of attachments (executions) based on application of indebted natural person (individual) provided his/her income has temporally decreased due to the spread of coronavirus and immediate attachment (execution) would have particular adverse effect on him/her or his/her family members. An affidavit on personal property of the applicant must be attached to the application. Based on the application a bailiff shall issue c a notice on deferral of attachment without undue delay and shall deliver it to participants of the proceedings, employer of the applicant, bank, debtors of the applicant and to other persons affected by the attachment.


Deferral does not apply to enforcement of alimony claims or enforcement of non-monetary performance. The deferral shall not apply to the enforcement proceedings which started before 12 March 2020. The bailiffs shall not take into account incomplete applications or if attachment has been already deferred based on application of the indebted or the indebted has been already allowed to pay in instalments or if the attachment has been already stopped.


The deferral may last at max. six months, however not longer than until 1 December 2020. During the deferral the bailiffs may perform acts directed to secure the assets subject to the attachment. If such acts were performed before the notice on deferral of attachment was issued, their effects remain untouched.


Extension of temporary ban on enforcement of pledges and auctions


The bill extends the original time periods for temporary ban on enforcement of pledges and auctions. Originally the temporary ban introduced by Lex Corona was provided for the time period from 27 March 2020 until 30 April 2020. The bill extends the time period for the temporary ban until 31 May 2020.


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