A complaint must be distinguished from a demurrer of enforcement. A significant difference is that the demurrer of enforcement is forwarded to the court responsible for enforcement and the court decides on the demurrer, while the complaint is judged by the Association. The Association investigate a request as a complaint if this is submitted in relation to the activities (complained) of the bailiffs, bailiff substitutes or assistant bailiffs in their capacity defined in the decree, and the adjudication of the complaint does not fall within the competence of a court, authority or other association. The request is considered a complaint in particular if, according to its provisions, the person complained does not comply with his obligation to inform the debtor, the judgment creditor, or other interested parties, or their authorized representative (complainant), his behavior towards the complainant is inappropriate, and he is not available during customer reception hours in person, by phone, or through an employee authorized to provide information. Based on the above, it is not considered as a complaint, for example, if the debtor disputes the existence of his debt, if he complains about the garnishment of his salary or pension, the seizure of his vehicle or the auctioning of his property.
The complaint request must include the following:
– the name of the complainant,
– the complainant’s residential address, registered office, or, if different, his mailing address,
– detailed description of the complaint, aggrieved measures/omissions,
– the enforcement case number affected by the complaint,
– the name of the person compalined
– designation of the documents submitted by the complainant. (Article 2-3 of Decree n. 10/2021 (X.29) of SZTFH)
The complaint can be submitted orally – on our complaint day – in the Hungarian Association of Judicial Officers (1146 Budapest, Hermina út 63. fszt. 1.) – in writing as far as possible to the Order in a letter submitted by post on the form established by the Association or by electronic mail sent to the Office gate using the e-Papir service (https://epapir.gov.hu)