Kihagyás

When shall the enforcement procedure discontinued?

Enforcement shall be temporarily discontinued, if

a) the identity of the judgment debtor cannot be established for lacking the necessary information,

b) the judgment creditor or the judgment debtor has died, or – if other than a natural person – has been dissolved and the successor or the opposing party did not request to have succession established,

c) the judgment creditor failed to comply with the obligation of cooperation in the procedure,

d) the judgment debtor has no assets to be seized, or the sale of seized assets was unsuccessful,

e) the judgment creditor has not advanced the cost of enforcement, in spite of being required to do so,

f) the judgment debtor was granted respite for performance, or was permitted to perform in installments, or was granted payment facilities by the bailiff,

g) so prescribed by a separate Act.

The bailiff shall file a report on temporary discontinuance of enforcement, indicating the reason thereof as well, and shall send a copy of such report to the parties. If respite or performance in installments has been permitted by court, this fact shall be recorded on the document of enforcement, in lieu of file a report. (Vht. 52.§, 53.§)

The enforcement procedure is discontinued till the reason of discontinuance exists, in the event of its termination, enforcement may be resumed in the cases specified in Article 54 of the Vht.

In the event of discontinuance of Enforcement – depending on the nature of the claim – the amount of capital subject to enforcement may continue to yield interest.

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