Kihagyás

What are the rules for the attachment of Movable Property?

If a debtor has not voluntarily performed his obligation as indicated in the enforcement order, the bailiff shall draw up a seizure report listing the judgment debtor’s movable property for the purposes of seizure.

Seizure of movable property shall take place within thirty days after the costs of the enforcement procedure are advanced. The bailiff, if personally serving the enforcement order on the judgment debtor, shall immediately effect seizure of movable property in the absence of voluntary performance.

If the enforcement order has been served by mail, seizure of movable property shall be effected within forty-five days of delivery.

The bailiff shall consult the collateral register operated by the MOKK and the lien records maintained at the MOKK to ascertain that the debtor is registered as the obligor of the lien in question, and whether there is any lien filed against his assets or property. (Vht. 84. §)

If the debtor conceals the seized Movable Property from judicial enforcement, he commits the crime of Breach of Seal, which is regulated by Article 287 of Act C of 2012 on the Criminal Code (hereinafter: Penal Code). Tha article 287 (2) of Penal Code also punishes the form of embezzlement by Breach of Seal, on the basis of which, if the debtor deliberately withdraws movable property from enforcement, he commits this crime. Such conduct can be any disposition related to the item (deplete, sale, destruction, hiding, etc.), as a result of which the item, despite the seizure, temporarily or permanently ceases to be a basis for satisfaction.