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There are many means of enforcing claims, from sending a payment notice, to an order for payment, to civil proceedings. However, different procedures have different requirements, so it is essential to take into account the circumstances of the claim.
Yes, if the necessary legal conditions are met. There are several means of enforcing a claim against a foreign debtor, such as the European Small Claims Procedure or the European order for payment. Where the jurisdiction of a Hungarian court can be established on the basis of the contractual relationship between the parties, a Hungarian court may also have jurisdiction, depending on the circumstances, even under Hungarian law.
If the debtor company is in liquidation, creditors can file their claims in the liquidation proceedings within the statutory time limit.
A demand for payment is a formal request to the debtor, prepared by a lawyer, to settle the debt. In most cases, we will prepare a payment notice that meets the requirements of the bankruptcy law in terms of content and form, so that we can, if necessary, initiate liquidation proceedings against the debtor at a later stage.
It is advisable to send the payment notice in writing by registered letter with acknowledgement of receipt, so that proof of dispatch and receipt can be provided later.
If the debtor fails to respond to the payment notice, the claim can be enforced by formal legal means, such as an order for payment procedure or by opening winding-up proceedings.
The order for payment procedure is an effective means of enforcing small claims. For amounts up to HUF 3 million, this form of enforcement is compulsory, while for amounts between HUF 3 million and HUF 30 million, the order for payment procedure is an alternative to litigation.
The order for payment procedure is initiated electronically using the dedicated interface.
The procedural fee for an order for payment is 3% of the amount claimed (the amount of the claim at the time of the opening of the procedure, calculated without any additional charges (fee base)), but not less than HUF 12 000 and not more than HUF 300 000.
The main difference between the European order for payment procedure and the traditional order for payment procedure is that it can be used in cross-border cases within the European Union. The final decision can be directly enforceable in other Member States, including Hungary and other EU Member States.
The procedural fee for a European order for payment is 3% of the amount claimed (the amount of the claim at the time the procedure is opened, calculated net of any additional charges (fee base)), but not less than HUF 12 000 and not more than HUF 300 000.
Bankruptcy is a non-contested procedure, the purpose of which is to give the debtor business entity a moratorium on payments, to reschedule its debts and to attempt to reach an arrangement with its creditors.
Bankruptcy proceedings may be initiated by the head of the debtor business entity before the competent court of the debtor's domicile. Legal representation by the debtor is mandatory for the filing of the petition.
We represent both debtors and creditors in bankruptcy proceedings.
Liquidation is the process of winding up an insolvent company without succession, the primary aim of which is to satisfy creditors' claims.
Creditors' claims must be filed within 40 days of the publication of the winding-up order in the Official Gazette.
The liquidator shall register only the notification after which the creditor has paid 1% of the principal amount of the claim, but not less than HUF 5,000 and not more than HUF 200,000, to the account of the court, and 0.5% of the principal amount of the claim, but not less than HUF 5,000 and not more than HUF 40,000, to the account of the liquidator.
Enforcement is ordered by a court or a notary, depending on the instrument on which it is based. A notary shall order enforcement in the case of a notarial deed and a notarial decision of adjudication, a notarially approved settlement, a final order for payment and a final European order for payment.
The decision to be enforced could be, for example, a judgment of conviction on the basis of which the court orders enforcement. The enforceable instrument (e.g. an enforcement sheet) is issued by the court with jurisdiction to order enforcement if the general conditions for enforcement are fulfilled. Enforcement is carried out on the basis of the writ of execution.
The court must be paid a procedural fee of 1% of the value of the claim for the enforcement order. The costs of the executor in the event of an enforcement order are also advanced by the applicant for enforcement. In the event of successful enforcement, the costs incurred by the applicant for enforcement in connection with the enforcement shall also be borne by the debtor.
