On 1 February 2017, Act No. 307/2016 Coll., on dunning procedure and amendments and supplements of certain other acts (hereinafter referred to as the “Act”) came into force, introducing, into our legal system, an electronic procedure on the issue of payment orders (hereinafter referred to as the “payment order”).
Submitting a petition to issue a payment order in electronic form under the Act leads to an overall shortening of the payment order procedure aimed at the settlement of a pecuniary claim of the petitioner. Such a procedure is within the jurisdiction of the District Court in Banská Bystrica.
Petitions in electronic form are submitted using standardised electronic forms. Attachments (documents, statements) are also submitted in electronic form, together with the petition. Another specific feature of the procedure is that the petitioner must specify in his/her petition, his/her bank account details.
If both the petitioner and the respondent are entrepreneurs, in order to prove the claim, it is sufficient to present the invoice or another written document/notice requiring payment, and at the same time, to declare that such claim is registered in the accounts of the petitioner. If the petitioner is subject to VAT, the Act gives the opportunity to declare that the data on the claim lodged have been included in the control statement.
It is important that, in the event such petition for the issue a payment order is submitted, any and all documents and decisions are delivered electronically, as electronic official documents.
The issuance of a payment order - The court will issue a payment order provided that the conditions for its issue are fulfilled; however, no later than 10 business days, imposing on the respondent the obligation to pay to the petitioner within 15 days from the delivery date thereof, or to lodge an appeal.
Court fee - Pursuant to the Act, for submitting a petition to issue a payment order, the rate is 50% lower compared to the rate specified in the Tariff of Court Fees.
Permission to pay in instalments - The Act allows the respondent, who is a natural person, to pay, under conditions that are exhaustively listed in the Act, in instalments; however, should the respondent fail to pay even a single instalment, he/she will lose the advantage to pay under a payment schedule. If the court responds positively to the request for payment in instalments, the resolution upholding the request does not need to include a justification; however, it shall include the determination of the amounts of instalments and the payment terms.
Where it is impossible to deliver the payment order - If the payment order cannot be delivered into the own hands of the respondent, the court shall invite the petitioner to propose, within 15 days from the delivery date of the written notice, the continuation of the main proceedings before the competent court.
Should the petitioner fail to submit a motion for the continuation of the main proceedings, the payment order shall be cancelled (annulled) upon the passing Sof the deadline and the procedure will be stopped. If the petitioner submits a petition for the continuation of the proceedings within the prescribed period, the payment order shall be cancelled (annulled), and the court shall refer the matter, within 5 working days, to the competent court.
If such a payment order is delivered and if, within the set deadline, an appeal is lodged which has not been rejected by the court, the court will invite the petitioner to propose, within 15 days, the continuation of the main proceedings.
Inadmissibility of a claim
Section 3 (6) of the Act contains a list of cases in which no petition to issue a payment order is not admissible, and in addition to such cases, no petition will be admissible in the cases if it is not submitted by electronic means on the prescribed electronic form either, and/or if the petitioner or his/her representative does not have an activated electronic mailbox. Furthermore, no petition is admissible if the payment order should be delivered to a respondent staying/living abroad.
20. Jun 2017 at 13:08