Kihagyás

For what reason and when can I file a demurrer of enforcement?

The party or another person of concern whose right or lawful interest is prejudiced by any action of the bailiff that constitutes a significant violation of the rules of enforcement, or by his failure to take action may file a demurrer of enforcement with the court responsible for enforcement. The significant violation of the rules of enforcement means any infringement that had a material impact on the outcome of the enforcement procedure.

A demurrer shall be filed within fifteen days of the contested action and submitted to the bailiff, and the bailiff shall forward it to the court responsible for enforcement within three working days, together with copies of the documents relating to the contested action. If the party filing the demurrer was informed of such action following this period, or was prevented from filing the demurrer beyond the fifteen-day period, the deadline for filing the demurrer of enforcement shall initiate from the time of gaining knowledge or from the termination of the hindrance, if the party filing the demurrer is able to provide credible proof of gaining knowledge in delay or of being prevented. No demurrer may be filed against an enforcement action after a period of three months, and no application for continuation with justification shall be accepted for failure to file within such period. Filing a demurrer of enforcement  is subject to tax, the amount of which is 15,000 HUF. (Vht. 217. §)

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