The bailiff, at the written request of the debtor, if a natural person, may lay down the conditions for the payment of a cash debt – except for tax debts and public debts enforced as taxes – in installments after taking measures for the search and seizure of the debtor’s assets, and if the debtor has already paid off a portion of the claim to which the enforcement procedure pertains.

If these conditions are fulfilled, the bailiff may fix an instalment of any amount and duration for the debtor and need only modify the terms of the instalment payment in accordance with Article 52/A (5) to (6) of the Vht. if the applicant for enforcement has notified the bailiff in writing within 15 days of receipt of the record of the instalment payment that he disagrees with the content of the instalment payment and may also propose the content of the instalment payment, the amount of the instalment and request additional security from the debtor for its performance. If the applicant for enforcement makes a statement that he does not agree with the terms of the record, the bailiff will modify the terms of the instalment payment on the basis of the information provided. It is important to note that the record on the conditions for payment by instalments is subject to appeal – an enforcement objection.

The bailiff will grant an instalment payment to the debtor if he has taken measures to enforce the debtor’s sums, wages or movable property held with a financial institution, but as a result of these measures the full amount of the debt has not been recovered and no instalment payment has been authorised before. The bailiff may act in the same way if an enforcement procedure has been initiated against the debtor for the recovery of a monetary claim not exceeding HUF 2 million or a recovery procedure has been initiated for the recovery of a monetary claim not exceeding HUF 3 million, but a lien has been registered in the land register on the debtor’s residential property to secure another claim and an auction of the debtor’s residential property would be necessary to recover the claim. The residential property can only be valued and a first auction can only be held if the debtor has defaulted on the payment of the instalment.

(pursuant to § 52/A, § 52/B of the Vht.)

It is also possible for the debtor and the applicant to agree directly on the payment of the instalment and its conditions. In this case, the agreement must be submitted to the bailiff. If payment by instalments is authorised or an agreement to this effect is concluded, the proceedings are suspended but must be continued if the debtor has failed to pay any instalments.

The bailiff may decide, at his discretion, to grant the debtor the possibility of paying the enforcement costs by instalments after the debt has been paid.

If the bailiff determines that payment is to be made in instalments, at the same time he must establish in a report that the proceedings are suspended and issue a schedule of charges within 15 days.