Kihagyás

In what cases can I request the suspension of enforcement?

The court may honor the request of the debtor and suspend the enforcement procedure if the debtor is able to substantiate the reason and reasonable cause therefor. Such a reason can be, for example, a serious illness of the debtor, or the occurrence of a natural disaster affecting the debtor. (Article 48 (3) of the Vht.)

The purpose of the enforcement procedure is to enforce the obligation contained in the order on which the enforcement is based, therefore, it is only possible to suspend enforcement at the request of the debtor in an extremely narrow circle and for a relatively short period of time. Exceptionality in connection with the suspension of execution means that the appreciable circumstance underlying the suspension must be exceptional – in terms of its existence and severity – and even in the case of such a circumstance, the suspension can only take place exceptionally.

The suspension at the request of the debtor serves to temporarily relieve the debtor in a difficult financial or social situation from the obligation of enforcement in order to be able to fulfill the obligation affected by the enforcement within a foreseeable time. The circumstance referred to by the debtor must therefore be temporary.

The request for the suspension of the enforcement must be submitted to the bailiff acting in the case or directly to the court of origin for authorizing enforcement. The request for suspension must be explicit in the application. (Vht. 48. §-51.§)

In the course of evacuation of a residential unit occupied unlawfully, or if the obligor has been granted an allowance for a completion date of up to six months defined in Article 344 (6) of the CPC, no suspension shall be ordered upon request by the obligor.

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