Kihagyás

FAQ - Frequently Asked Questions


The content of the page can be downloaded here in pdf format.

This information does not constitute legal advice therefore, we recommend that if you need legal advice or information in an individual enforcement case, you should always contact a lawyer experienced in enforcement procedures, or use Jogi Segítségnyújtó Szolgálaton (Legal Aid Service) for free legal advice!

With your questions about your enforcement case, you can also contact the independent court bailiff acting in your case with confidence.

I. Questions related to the initiation of enforcement proceedings and the acting independent bailiff


The order for payment is not  an enforcement order, but  an instrument to be enforced so you can find more information about the order for payment procedure on the website of Hungarian Chamber of Civil Law Notaries (hereinafter: MOKK) www.mokk.hu . If you have any other questions, you can contact the notary public who issued the order for payment or the MOKK.

We draw your attention to the fact that if the debtor disputes the legality of the service of the order for payment (i.e. if, in his opinion the document was not properly notified, and if the recipient did not receive the document due to reasons other than his own fault), he may lodge an objection with the notary public within 15 days of gaining knowledge of the effect of fiction of service, but only  within 3 months from the effective date of the fiction of service.

Direct link: https://mbvk.hu/en/gyik-content/the-notary-public-issued-an-order-for-payment-against-me-what-can-i-do/

The enforcement procedure starts upon request by the judgment creditor, with the issuance of an enforceable document, to which the court or notary public is entitled in accordance with 16 § of Vht. The condition for the initiation of the enforcement procedure is that the writ of execution, the enforcement of which is requested, contains an obligation (ruling against the judgment debtor), is final, definitive or is subject to preliminary enforcement, and the resolution of the public prosecutor’s office and/or the investigating authority is not subject to further remedy, and the deadline of performance has expired.  (Vht. 11.§, 13.§)

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-start-enforcement-proceedings/

A Hungarian independent court bailiff can only act in enforcement matters on the territory of Hungary (Vht. 232.§ (3)-(5). The independent court bailiff may not carry out enforcement actions outside the territory of Hungary, even if the proceedings were initiated in Hungary. If the claim affects or may affect assets in a European Union member state, it is possible to request the issuance of a European Enforcement Order so that the enforcement procedure can also be requested in EU member states with a document issued in Hungary for the assets found there.

You can read more about this at the following link: https://e-justice.europa.eu/54/HU/european_enforcement_order. It is also possible to start a European order for payment procedure, which you can read more about here:https://www.mokk.hu/ugyfeleknek/EUFMH.php.

Direct link: https://mbvk.hu/en/gyik-content/can-a-hungarian-independent-court-bailiff-act-abroad/

The administrative department of the Association issues a certificate upon written request:

a) For an applicant who is not listed in the register of enforcement cases, to prove that he is not listed as a debtor of an enforcement procedure in the register of enforcement cases,

b) For the applicant listed in the register of enforcement cases for the purpose of verifying his data in the register of enforcement cases.

The amount of reimbursement to be paid for the issuance of the certificate on the data of the central case register per person included in the central case register:

3,000 HUF in the case of a certificate according to point a,

6,000 HUF in the case of a certificate according to point b.

Reimbursement for the certificate can be made by transfer to the Association's income account 10103173-09701100-03003002 at MKB.

The Association shall issue such certificates in the form of an authentic instrument on paper or in electronic format, as requested, within fifteen days from the date of receipt of the request. After filling out the form on the website https://kerelmek.mbvk.hu/ operated by the Association, the paper-based form can be printed out and sent by post and the electronic application can be completed and signed electronically on the interface on the page referred to above, and then forwarded electronically to the Association. Filling instructions is available at the following link: https://kerelmek.mbvk.hu/kitoltesi_utmutato_tanusitvany_kereshez.pdf

The application must be accompanied by proof of the payment of the amount of reimbursement, the authorization for submitting the application must be attached to the application submitted by proxy. (Vht. 253/E. § (6)

Right of access by the data subject

On the basis of the data subject's right to be ensured pursuant to Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter: GDPR) the natural person about whom a data controller keeps records can request information and feedback from the data controller about the conditions and circumstances of the processing of his personal data. The Association is considered to be the data controller in relation to the official public records of enforcement procedures. Natural persons are therefore entitled to request information about data management at the Association and, in addition to the data, to receive access to the following information:

- name and contact details of the data controller, and contact details of his data protection officer

- the purposes and legal basis of the processing

- the recipients or categories of recipient to whom the personal data have been disclosed

- the envisaged period for which the personal data will be stored

- rights of the data subject, legal remedies

- information about the source of the data

- does the data controller carry out automated decision-making and profiling, if so, what are the circumstances of this.

Within the framework of his right of access, the data subject - based on article 15 (3) of the GDPR – can request once free of charge a copy of the personal data undergoing processing from the Association. This data service can be requested in writing (electronically on the website: epapir.gov.hu or by post) or in person by providing personal identification data (surname and birth name, date of birth, mother's name), which data service is provided by the Association in the form of an electronic notification sent to the Customer Gateway Storage of the data requester or in the form of a letter with return receipt sent to the postal address of the requester.

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-find-out-what-enforcement-procedures-are-in-progress-against-me/

On the Association's website, under the "Find a case" menu item (https://mbvk.hu/ugykereses/)  you can find out about the identity of the bailiff acting in the enforcement cases assigned by the Association. The contact details of independent court bailiffs, as well as information about their client reception schedule, can be viewed under the „Find a bailiff” menu item (https://mbvk.hu/nevjegyzek/).

If you do not find the enforcement case you are looking for in the Find a case menu, you can request information from the Association by post or in a letter submitted at the Customer Gateway (office gate or business gate) using the e-Paper service about which bailiff the enforcement case has been assigned to.

Direct link: https://mbvk.hu/en/gyik-content/which-independent-court-bailiff-acts-in-my-case-where-can-i-find-his-contact-information/

The acting bailiff can provide information regarding the specific enforcement procedure.

The bailiff must therefore make sure that the person requesting information is entitled to information, so it is important to emphasize that the bailiff can only provide information in general via phone or email, not regarding the specific enforcement procedure. (1/2002. (I. 17.) IM Decree 40. §)

Requests for information can be made in person during customer reception hours, as well as in the form of a request sent by post or through the Office gate (natural persons and business organizations using the epapir.gov.hu interface).Information about the enforcement case can be given to the parties (debtor, judgment creditor), their representatives and the person (other interested party) who has proven their legal interest in the case. If a law restricts the availability of data contained in the documents of the enforcement case, information about them can only be given to the person or organization specified in the law. The person requesting information is therefore obliged to prove his/her identity and right of representation.

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-request-information-from-the-bailiff/

As regards procedural issues which are not otherwise provided for in this Act, the provisions of Act CXXX of 2016 on the Code of Civil Procedure (hereinafter referred to as “CPC”) on non-contentious judicial civil actions shall apply, subject to the derogations stemming from the special characteristics of non-contentious proceedings, as well as the general provisions of the Act on the Rules Applicable to Non-Contentious Civil Actions and on Non-Contentious Court Proceedings.

In accordance with Article 65 of CPC the following may function as authorized representatives in judicial proceedings:

a) attorneys and law firms, b) registered legal counsels in cases defined by the Act on Legal Practice, c) the party’s family member, d) the party’s co-litigant, and the representative of the party’s co-litigant, e) the employees of economic operators, and/or other entities other than natural persons in actions related to the employer’s activities, f) the employees of administrative bodies, and/or other budgetary agencies in actions related to the activities of such administrative bodies, budgetary agencies, g) the employees of municipal government bodies in actions in which a municipal government or the powers and responsibilities of its bodies are involved, furthermore, in the same actions the officers defined in the organizational and operational regulations of municipal government bodies, including municipal council members, if the action in question covers a subject for which the officer is authorized to proceed according to said regulations, and h) any person so authorized by law.

Article 66 of CPC defines persons excluded from the scope of authorized representativ. Based on this, the following may not function as authorized representatives: a) any person under eighteen years of age, b) any person who has been banned from exercising his/her civil rights by final court judgment, c) any person who has been placed under guardianship by final court decision covering the subject matter of the action and/or procedural steps in court.

Direct link: https://mbvk.hu/en/gyik-content/who-can-act-on-my-behalf-in-my-enforcement-case-what-rules-apply-to-the-power-of-attorney-acceptable-in-the-enforcement-procedure/

Article 226 of Vht specifies the objective reasons for the bailiff's exclusion from managing enforcement cases (e.g. the bailiff is a relative of one of the parties). The Head of the Office of MBVK or the court can decide on the request for exclusion based on the submission of the parties participating in the enforcement (debtor, judgment creditor).

 In case of exclusion of the independent bailiff, the Head of the Office of MBVK decides on the appointment of another bailiff.

Direct link: https://mbvk.hu/en/gyik-content/in-what-cases-can-the-bailiff-be-excluded-from-managing-my-case/

A certificate of enforcement shall be issued based on a European order for payment as declared enforceable under Regulation (EC) No. 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure by the local court of competence by the judgment debtor’s home address or registered office, in the absence of such, by the location of the judgment debtor’s enforceable assets or, in respect of the Hungarian branches or commercial representative offices of foreign-registered companies, the district court attached to the general court of competence by the location of such branch or representative office [in Budapest, the Budai Központi Kerületi Bíróság (Buda Central District Court)]; or if the European order for payment is issued by a Hungarian notary public, the notary public in question (Vht. 16. § i.)

Direct link: https://mbvk.hu/en/gyik-content/in-the-case-of-a-european-order-for-payment-who-orders-the-enforcement/


II. Acts carried out by independent bailiff


Acts of enforcement may be performed on any day, with the exception of Sundays and legal holidays, between 6.00 AM and 10.00 PM. The bailiff may proceed on a legal holiday, or before 6.00 AM and after 10.00 PM only if the president judge of the court of origin for authorizing enforcement has given permission to this effect in writing.(Vht. 42 §)

If necessary, the bailiff may open the judgment debtor's locked residence, other place of dwelling, the entrance leading thereto, as well as the judgment debtor's furniture and other movable property. If such process is not attended by the judgment debtor or his family member of legal age, a witness shall be summoned (Vht. 44 §). The absence of the debtor or his family members does not prevent the perform acts of coercion in the venue of enforcement!

Direct link: https://mbvk.hu/en/gyik-content/when-can-the-independent-bailiff-carry-out-the-enforcement/

Wage garnishment shall be implemented from the base amount remaining after deduction of all taxes (tax advances), social security contributions, private pension fund membership dues and other deductions prescribed by law to be withheld from wages. From the amount, after these deductions generally no more than 33 per cent, or no more than 50 per cent under special circumstances, may be deducted. From the amount remaining after the deductions, the portion of monthly wages that exceeds 200 000 HUF may be subject to garnishment without restrictions.

Deduction of no more than 50 per cent may be effected from employee's wages for the following claims: support, for employee's wages from the judgment debtor, employee's wages and social security benefits received without entitlement. In the case of more than one garnishment order, the amount withheld may not exceed 50 per cent of the employee's wages.

During the deduction, the part of the monthly salary that does not exceed 60 000 HUF is exempt from enforcement, with the exception if the subject of enforcement is to collect child support or childbirth-related costs (Vht. 61. §, 65. §).

We would like to draw your attention to the fact that " wage garnishment " and " procedural actions that can be performed on funds carried by payment service providers " - that is, the official transfer order, colloquially "debt collection" - are classified as two separate types of enforcement actions. The restrictions on the blocking of wages do not apply to the amounts otherwise available in the bank account. As a result, it may be legal if the independent bailiff applies wage garnishment and debt collection at the same time.

Direct link: https://mbvk.hu/en/gyik-content/how-much-can-be-deducted-from-my-salary/

Article 64 (1) of Vht specifies that if there is more than one claim for garnishment against the judgment debtor's wages they shall be withheld in the sequence described in Section 165 and in accordance with Sections 164-167. The sequence of multiple claims must be established according to which of the blockings (documents on which the deduction is based) for each claim was received by the employer first. By way of derogation from the above the court may order that the claims falling under the same Paragraph of Subsection (1) of Section 165, from among Paragraphs a)-e) (Sequence of Satisfaction), be satisfied proportionately.

Proportionality cannot be applied in case of Garnishment of pension payments received from the pension disbursement organisation, this does not include the child support, the civil claims caused by a criminal offense and awarded in civil actions or criminal proceedings to the injured party against the judgment debtor.

Direct link: https://mbvk.hu/en/gyik-content/sequence-of-withholding-from-employees-wages/

No more than 33 per cent of the social security pension (benefits provided before the legal age limit, service emoluments, dance artists’ annuities and provisional miners’ allowance may be withheld.

Deduction of no more than 50 per cent may be effected from pension payments for child support, pension received without entitlement and in the case of more than one garnishment order. Deduction from orphan's pension may be effected only up to 50 per cent and only to recover any orphan's pension received without entitlement (Vht.67 §).

Similar to the rules for deductions from wages, from the amount remaining after the deductions the portion of monthly wages in excess of 200 000 Forint may be subject to garnishment without restrictions (Vht. 67 §).

Direct link: https://mbvk.hu/en/gyik-content/how-much-can-be-deducted-from-my-pension-payments/

The deposits made by a judgment debtor with a payment service provider may be subject to attachment. From the moneys deposited by natural persons with payment service providers the part that is in excess of 200 000 Forint may be subject to attachment without limitation; from the rest of such deposits

fifty per cent of the part that is between 60 000 Forint and 200 000 forint,

i.e. no more than 70 000 HUF may be subject to attachment (vht. 79/A §).

From the moneys deposited by natural persons with payment service providers the part that does not exceed 60 000 Forint shall be exempt from attachment. If the subject of enforcement is to collect child support or childbirth-related costs, fifty per cent of the above-specified amount may also be subject to attachment.

If the bank carrying out the deduction performs, despite of the provisions of the law, any payment from the judgment debtor’s funds which are exempted from enforcement, the bank shall be held liable for such exempted sums and shall compensate the judgment debtor accordingly. According to the legal regulations, in the case of a possible deduction of an amount that is exempt from deduction - at the debtor's request or voluntarily - the bank is obliged to refund it to the debtor immediately, at the same time, the bailiff is not responsible for the overdraft, as he has no knowledge of the amount deducted from the given account by the bank handling the account. (Vht. 79/ E. §)

We inform you that the debt collection is a claim against an amount in a bank account, the independent court bailiff does not know the legal title of the transfer of an amount to a bank account, nor is he entitled to know it (so he does not see that the amount in the bank account comes to the bank account as, for example, CSED, pension, alimony, salary, or gift, etc.

We draw attention to the fact that independent bailiffs are not empowered to decide on the withdrawal of debt collection. In all cases, a court decision or the written consent of the the judgment creditor is required.

Direct link: https://mbvk.hu/en/gyik-content/my-bank-account-has-been-collected-what-can-i-do/

In respect of the account that is held by more than one persons at a payment service provider may be subject to attachment in whole regardless of which account holder is named the judgment debtor. (Vht. 79/C. §)

The bailiff shall immediately dispatch notice to the mailing address received from the payment service provider of the account holder who is not named judgment debtor when the above-specified joint account is debited in attachment.

The account holder who is not named debtor may file charges according to the rules of actions of replevin (Pp. 538 §.) to recover the sums withdrawn from the joint account, and for which he is entitled.

The court is entitled to decide on the return of the amount collected by the bailiff.

Direct link: https://mbvk.hu/en/gyik-content/what-rules-apply-to-the-enforcement-on-funds-carried-by-payment-service-providers-in-the-case-of-an-account-owned-by-several-account-holders/

The independent bailiff can also carry out the blocking of income and the enforcement of the sum of money managed by the payment service provider in parallel. Debiting the bank account is not in itself illegal because the debtor's income has already been blocked. From the point of view of the exemption, the origin of the amount in the account is irrelevant, the bank cannot investigate the legal title under which the amount in a bank account was received by the debtor. From the point of view of debt collection, the exemption rules applicable to the Wage garnishment are not applicable, it is possible that amounts that were exempt from the freezing are also deducted from the debtor's account.(Vht. 7.§1.)

Direct link: https://mbvk.hu/en/gyik-content/the-independent-bailiff-blocked-my-wages-and-collected-my-bank-account-is-this-legal/

From the sum recovered by the enforcement procedure, first and foremost the costs of the given enforcement procedure - meaning the costs of filing, ordering and implementation of the proceeding - shall be satisfied, including in principle the unpaid enforcement duty and the expense advanced by the body so required.

Claims for child support payments, as well as claims for support in cases opened for the enforcement of maintenance claims provided for in Council Regulation 4/2009/EC, except for claims for support based on notarial document and order for payment within the meaning of Subsection (2) of Section 165, shall be satisfied before the enforcement costs commensurate for such enforcement case.

From the sum recovered by the enforcement procedure the principle bailiff shall be entitled to the remuneration work performed, and to expenses and the commission provided for in Section 254. (Vht. 164 §.)

Direct link: https://mbvk.hu/en/gyik-content/how-is-the-amount-received-during-the-enforcement-procedure-allocated/

If the proceeds of enforcement are insufficient to cover all claims, the priority order of satisfaction shall be the following based on the legal title of claims: a) child support, b) other form of statutory maintenance, c) employee’s wages and other emoluments construed as such (Sections 65 and 66), d) civil claims caused by a criminal offense and awarded in civil actions or criminal proceedings to the injured party against the judgment debtor, e) sums payable to the State established by judgment against the judgment debtor in criminal, penal enforcement or misdemeanor proceedings, claims arising from confiscation of assets (with the exception of civil claims), f) tax and social security claims and other outstanding public dues, g) other claims;h) disciplinary fines imposed during the enforcement procedure. As regards the recovery of one sum maintenance payments - except for claims for support based on notarial document and order for payment -, the maintenance fee shall be satisfied according to Paragraph a) or b) of Subsection (1) up to the amount due on a time basis for the period until the plan of apportionment is completed, whereas the remaining sum of the maintenance fee, and claims for one sum maintenance payments based on notarial document and order for payment may be satisfied under other claims.

The costs incurred by the enforcement and collection of the claim and established by the court (authority) and the associated costs of the claim shall be satisfied in the same order as the claim itself.

After the first claim in the sequence has been completely satisfied, the claim that is further behind in the sequence can be satisfied. If the proceeds are insufficient to cover all claims listed in the same sequence, such claims shall be satisfied proportionately. (Vht. 165. §-168. §)

Direct link: https://mbvk.hu/en/gyik-content/what-is-the-sequence-of-satisfaction-regarding-the-division-of-the-amount-received/

Any immovable property owned by a debtor may be subjected to enforcement irrespective of the nature of the immovable property, its agricultural zoning, of any right or prohibition asserted upon the immovable property and of any fact recorded in the real estate register in connection with the property in question (Vht. 136 §)

If the enforcement order contains the particulars of the immovable property, the bailiff shall effect the seizure of such property within three working days following receipt of prepayment of the costs of the enforcement procedure, including payment of the administrative service fee in real estate registration proceedings. If the judgment creditor has requested in his application for enforcement to have the judgment debtor’s property included in the enforcement as well, or did not exclude the judgment debtor’s property from enforcement, but did not supply the property’s particulars in the application, the bailiff shall proceed to have the property seized within three working days following receipt of prepayment of the costs of the enforcement procedure and of the particulars of the property, and after payment of the administrative service fee in real estate registration proceedings. (Vht. 138.§)

If the debtor owns several properties, several properties can be seized in order to secure the claim, taking into account the principle of proportionality (Vht.7. §)

Direct link: https://mbvk.hu/en/gyik-content/when-does-the-seizure-of-immovable-property-take-place/

In respect of the seizure of a motor vehicle the bailiff shall also seize the registration papers and the title of the vehicle and record it in the seizure report. The bailiff sends a copy of the seizure report along with the registration papers and the vehicle title, if seized, to the competent traffic control authority which shall register the restraint on alienation and encumbrance on that basis without delay. In view of the existence of the ban on alienation and encumbrance, the vehicle cannot be given as collateral and its ownership cannot be transferred to another person.

If seizure of the registration papers or the vehicle title is frustrated, the bailiff may call upon the traffic control authority after thirty days following the registration of the restraint on alienation and encumbrance to withdraw the vehicle’s operating permit. The bailiff may also effect seizure of a motor vehicle based on the data contained in the register of motor vehicles. The traffic control authority, based on the seizure report, registers the restraint on alienation and encumbrance in this case as well, and then - similarly to the case where the seizure of the registration papers and the title of the vehicle has failed - after thirty days following the registration of the restraint on alienation and encumbrance, take action at the request of the bailiff in order to withdraw the vehicle from traffic.

If the seizure of the registration papers and the title of the vehicle has failed or the seizure was take place on the basis of the registration data, and therefore the vehicle is withdrawn from circulation only after 30 days following the registration of the restraint on alienation and encumbrance, the debtor may still use the seized vehicle during this period - until it is withdrawn from circulation. The sale of the vehicle is possible after 30 days have passed after the seizure. (Article 103., 115 (1) of theVht.)

Direct link: https://mbvk.hu/en/gyik-content/my-vehicle-was-seized-what-does-that-mean/

The use of a motor vehicle seizured that is indispensable for the occupation of the judgment debtor is regulated by Article 103(5) of the Vht.

In the course of seizure of a motor vehicle that is indispensable for the occupation of the judgment debtor, if a natural person, only the vehicle's title shall be seized and the debtor shall be allowed to continue using the vehicle until it is sold. If the estimated value of such a vehicle does not reach 1.2 million HUF, the vehicle shall be exempted from enforcement. A motor vehicle is not considered essential for the exercise of an occupation simply because the debtor uses it to go to work.

 Consequently, the use of the vehicle until the auction can be requested from the bailiff in writing, specifying the appropriate reasons. Proof of this is not bound by formality, but it is advisable to specify in detail that the vehicle is indispensable for the purpose of work and it is also advisable to support it with documents. This exemption applies if the vehicle is a work tool.

The use of a motor vehicle seizured for work purposes pursuant to Article 103(2) of the Vht.:

If the car is not a work tool, the court responsible for enforcement may allow the seized vehicle to be used by the natural person debtor until the auction. The condition for this is that the debtor must submit his request to the court within eight days after gaining knowledge of the seizure. The court allows the use of the vehicle if such use is necessary for the judgment debtor for his commute to and from work, for carrying out business or economic activities, or for transporting himself or his family members. It is an important condition that the judgment debtor had not previously been sanctioned by disciplinary fine.

Direct link: https://mbvk.hu/en/gyik-content/my-vehicle-has-been-seized-even-though-i-use-it-to-go-to-work-what-can-i-do/

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.

Direct link: https://mbvk.hu/en/gyik-content/what-are-the-rules-for-the-attachment-of-movable-property/

Upon the parties' request the bailiff shall proceed to sell the movable property without auction, but subject to the provisions of auction sale, to the buyer and at the appraised value designated by the parties.

If the proceeds from the sale without auction but subject to the provisions of auction sale is likely to be sufficient to satisfy the claims of all judgment creditors - including the lien holders - the consent of judgment creditor(s) is not required for sale without auction.

A sale without auction may be effected before the commencement of the auction. In the case of electronic auctions, the movable property may be sold without auction before the automatic closure of the bidding log, but only for a price that is higher than the price quoted in the bidding log (Vht. 133 §).

Direct link: https://mbvk.hu/en/gyik-content/what-does-the-sale-of-movable-property-without-auction-mean/

For the purposes of seizure, the bailiff shall establish the value of seized movable property by appraisal. The value of property is appraised based on its market value. If the parties agreed upon the appraised value, such value shall be authoritative.

It is possible to use an expert appraiser during seizure. Following the conclusion of seizure the bailiff may amend the appraised value with the expert appraiser also participating, if so requested by either party within eight days of delivery of the seizure report. (Vht. 97. §)

Before the sale of immovable property the bailiff shall establish its appraised value, both vacant and occupied, in consideration of an official tax and value certificate issued within six months to date, or - if so requested by either party - based on the expert assessment of a forensic expert. (Vht. 140. §)

The bailiff can take measures to establish the appraised value of the seized property if the amount of the debt exceeds 500,000 HUF. (Article 139 (9) of Vht.)

Direct link: https://mbvk.hu/en/gyik-content/how-does-the-bailif-establish-the-appraised-value-of-the-seized-movable-property-or-real-estate/

If two years have passed since the time the appraised value was established (by way of court decision if it was contested), and the real estate property is not yet sold, the bailiff shall proceed, at the request of either of the parties, to re-appraise the property before announcing the auction. (Article 140 (8) of Vht.)

If a demurrer of enforcement is filed within fifteen days of such announcement, the court shall establish the appraised value thereof, with assistance by an expert appraiser if necessary. If the appraised value established by the court is contested, together with the demurrer of enforcement a sum determined by the Decree No. 39/2012. (VIII. 27.) KIM on the amount of the expert’s fee advance to be deposited together with the demurrer of enforcement aimed at establishing the property's depreciated value by the court, shall be deposited with a view to covering the forensic expert’s fee.

Direct link: https://mbvk.hu/en/gyik-content/when-the-appraised-value-of-the-property-can-be-re-established/

The bailiff, at the request of the debtor, if a natural person, may lay down the conditions for the payment of a cash debt - except for tax debts and public debts enforced as taxes - in installments after taking measures for the search and seizure of the debtor’s assets, and if the debtor has already paid off a portion of the claim to which the enforcement procedure pertains.

The judgment creditor shall inform the bailiff within fifteen days of the receipt of the report if in disagreement with the contents of payment facilities, and may present his proposal as to the contents of payment facilities and the amount of installments, and may request additional guarantees from the judgment debtor in terms of performance. If the judgment creditor makes a statement that he does not agree with the contents of the report, the bailiff, in light of this statement, shall revise the conditions of payment facilities. It is important that the parties can use a legal remedy – a demurrer of enforcement - against the report establishing the installment payment conditions.

The bailiff shall defer the judgment debtor’s payment obligation in equal monthly installments upon taking measures for the seizure of the judgment debtor’s funds, wages and movable property managed by a financial institution for the enforcement action, however, they did not cover the full amount owed, and payment by installment had not previously been authorized. The bailiff may act in the same way if an enforcement procedure is pending against the judgment debtor for the recovery of a money claim not exceeding 2 million HUF or not exceeding 3 million HUF, and a mortgage is registered in the real estate register on the judgment debtor’s residential property in security of other claims as well, and for the purpose of recovery of the claim the judgment debtor’s residential property should be sold by auction. The appraised value of the residential property may be established and the first auction may be scheduled if the judgment debtor did not make an installment payment. (Based on Vht. 52/A. §, 52/B. §)

It is also possible for the debtor and the judgment creditor to agree directly with each other on the installment payment and its conditions. In this case, the agreement must be submitted to the bailiff. In the case of permission to pay in installments or the conclusion of an agreement with such content, the procedure is suspended, but it must be continued if the debtor has failed to pay any installment.

After the payment of the debt, the bailif can decide in his own authority whether to provide the debtor with the possibility of paying the enforcement fees in installments.

Direct link: https://mbvk.hu/en/gyik-content/in-what-cases-do-i-have-the-opportunity-to-perform-in-installments/

Enforcement is a coercive measure aimed at collecting an overdue debt contained in a final and enforceable order therefore, the laws governing enforcement do not allow the independent bailiff to exercise an equitable procedure.  The duty of the bailiff is to take all measures stipulated in the enforcement legislation in order to collect the debt contained in the enforceable order. Only the judgment creditor, i.e. the person to whom the debt is owed, can decide to waive the debt or a part of it. If the judgment creditor decides so for reasons of fairness, he shall inform the bailiff of this in writing, who is obliged to proceed in accordance with this decision.

Direct link: https://mbvk.hu/en/gyik-content/can-i-ask-to-have-the-debt-or-interest-on-the-debt-waived-or-reduced-in-equity/

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.

Direct link: https://mbvk.hu/en/gyik-content/in-what-cases-can-i-request-the-suspension-of-enforcement/

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.

Direct link: https://mbvk.hu/en/gyik-content/when-shall-the-enforcement-procedure-discontinued/

In addition to the debt paid in the enforcement procedure, the debtor must also reimburse the costs of enforcement to the acting bailiff. The bailiff is entitled to an average cost allowance, travel costs, expenses, service charge for carrying out the execution, and, in the case of the debtor's performance, a commission on top of these. As a general rule, the service charge is adjusted to the enforceable amount of the case at the time of initiation (amount of claim and all associated costs).

The bailiff is entitled to an average cost allowance in the amount specified by law to cover the costs associated with maintaining his office, travel costs for the action to be implemented outside the office of the bailiff, and can be charged as out-of-pocket expenses, e.g. shipping, storage and postage costs.

Direct link: https://mbvk.hu/en/gyik-content/i-paid-the-debt-why-is-the-enforcement-procedure-continuing/

The limitation period means that claims for which the enforceability has ceased to exist as a result of the passage of time cannot be enforced in court. The fact that the statute of limitations has passed can be taken into account based on an express request, if the debtor reports it to the bailiff or to the court of origin for authorizing enforcement.

The term of limitation of a right of enforcement shall expire together with the judgment of enforcement, the standard limitation period is 5 years. Different laws establish special statutes of limitations that are different from the general ones.

For example, the Law on electricity stipulates a 3-year limitation period for electricity service charges. Claims arising from gas service are also time-barred after 3 years. According to the Communications Law, debts arising from television and telephone service fees become time-barred after 1 year.

As a general rule, the term of limitation of a right of enforcement shall be taken into consideration upon request by the court, the bailiff cannot decide on this issue. If enforcement has already been ordered, the limitation will be suspended from the date of the order (it is not included in the period of limitation) until the enforcement actions (notice to pay the debt, garnishment, direct debit order, registration of right of enfocement, performance on the site, etc.) are in progress. The request of the judgement creditor to continue the enforcement, as well as any measures taken by the court or the bailiff (described above) for enforcement may serve as a basis for interrupting the limitation period. (Vht. 57. §).

The bailiff or the court of origin for authorizing enforcemendoes not take into account the statute of limitations ex officio, the debtor must initiate the court procedure for the termination of the enforcement citing statute of limitations. The bailiff can declare the enforcement procedure completed due to the statute of limitations only on the basis of a final court judgment.

Based on all of this, the sum of money collected for a time-barred claim is not considered unjust enrichment until the court terminates the enforcement procedure with a final judgment.

Direct link: https://mbvk.hu/en/gyik-content/when-does-the-term-of-limitation-of-a-right-of-enforcement-expire/

When ordering enforcement, the court does not examine whether the debtor has already performed, nor is it the court's task to examine the correctness of the performances and their accounting. If the debtor disputes the existence of the debt or its amount, he can ask the court responsible for enforcement to limit/terminate the enforcement. As part of the enforcement procedure, the court can limit or cancel the enforcement only if the debtor's claim is recognized by the judgment creditor. If it is not possible to restrict/terminate the enforcement procedure in this way, the debtor may bring action for the termination (limitation) of enforcement against the judgment creditor (Vht. § 41), the detailed rules of which are contained in the Code of Civil Procedure. To conduct of litigation we recommend using a lawyer experienced in enforcement procedures or the free legal services of the Legal Assistance Service.

Direct link: https://mbvk.hu/en/gyik-content/i-do-not-recognise-the-debt-what-can-i-do/

If the bailiff has established the temporary discontinuance of enforcement due to the uncollectibility of the claim, enforcement may be resumed, only if the judgment creditor provided that the judgment debtor has attachable assets that can be seized and/or sold, or in the case of claims for child support payments, except for claims for support based on notarial document and order for payment. If the judgment creditor becomes aware of assets owned by the debtor that can be seized, it is advisable to inform the bailiff and request the continuation of the enforcement procedure. (Vht. 54. §)

Direct link: https://mbvk.hu/en/gyik-content/the-bailiff-could-not-collect-the-claim-what-can-i-do/

If the parties do not receive the letters sent by the bailiff, this does not prevent the enforcement, however, in this case the parties cannot assert their rights (e.g. right of appeal). The documents sent by post shall be considered served on the day of attempted delivery even if the addressee refused to accept it. If service failed because the addressee did not accept the document, the document shall be considered served on the fifth working day following the day of the second attempted delivery until proven to the contrary. /Artilce 137 of Act on the Code of Civil Procedure/.

Direct link: https://mbvk.hu/en/gyik-content/what-happens-if-i-dont-receive-the-letters-served-or-sent-by-bailiff/

In many cases, the bailiff issues a request for the cancellation of the right of enforcement to the competent real estate supervisory authority, which calls on the debtor to pay the cancellation fee of 6,600 HUF. If the debtor fails to pay this, the enforcement right will not be canceled. In cases related to the cancellation of enforcement rights, we recommend contacting the competent enforcement officer. In the event of a dispute, a lawsuit to cancel the right of enforcement can be initiated.

Please note that in the case of cancellation of enforcement rights, the real estate supervisory authority is also obliged to delete the facts registered related to the enforcement (e.g. the appointment of an auction procedure) from the Land deed.

Direct link: https://mbvk.hu/en/gyik-content/what-should-be-done-if-the-bailiff-has-not-deleted-the-right-of-enforcement-from-the-property/

Arbitrarily occupies or takes possession of an apartment, a paid hospitality and other commercial accommodation put into use, office or corporate buildings, or any other buildings or premises which are open to the general public, or any structure other than buildings or land the person who does not have, or no longer have, any legal title to use it. In the latter two cases, an additional condition for the classification as an arbitrary apartment occupant is that 60 days must have passed since the termination of the previous legal title of the arbitrary apartment occupant. (Vht. 183/A.§, 183/B.§, 183/C.§).

A petition for the evacuation of a residential suite occupied unlawfully shall be submitted with the district court where the property in question is located.

The petition shall contain: a) the particulars of the petitioner, and the address, telephone number etc. where can be reached; b) the address of the property; c) particulars of the owner of the property; d) the name(s) of the tenant(s) of the property, and the legal title of their tenancy; e) particulars of the persons staying in the property, the number of such persons and whether there is a minor among them; f) the action requested, g) description of the premises or storage facility designated by the petitioner as the place where the obligor's belongings will be deposited at the cost and risk of the obligor.

If the petition is in compliance with the requirements, the court order the evacuation of a residential suite occupied unlawfully within five working days from the date when the petition was submitted. It contains instructions to the bailiff to take action for the evacuation of the property within three working days after the costs of the enforcement procedure are advanced, and to notify the chief of the competent police department along with the competent child custody office if a minor is involved. The court shall deliver such decree forthwith by service of process to the petitioner and to the bailiff. The bailiff shall serve the decree in person in the presence of a police officer or a witness on the person of legal age who stays in the residential property in question, and shall order this person to vacate the premises together with any other persons in the property and to remove all their belongings within two days. If, at the time of the proceeding there is no one to be found in the property, other than a minor, the bailiff shall post the court ruling and the report on the on-site proceeding on the entrance door of the residential suite. The bailiff shall inspect performance after two days - by police assistance if necessary - on the site, and shall proceed to have the residential suite vacated. If a minor is involved in the case, a representative of the child custody office shall also attend the on-site procedure. The bailiff shall post the report on the on-site proceeding on the entrance door of the property in which to specify the place where the things and articles from the property were deposited and the child custody office that has taken custody of the minor(s) in the property. (Vht. 180. §)

Direct link: https://mbvk.hu/en/gyik-content/what-are-the-rules-for-evacuation-of-a-residential-suite-occupied-unlawfully/

In the enforcement order the court shall request the respondent to comply voluntarily within the prescribed time limit, and shall order to obtain surrender of custody of the child with police assistance in the event of non-compliance.

The bailiff shall make available the enforcement order and the copy of the court decision serving as grounds for enforcement to the guardian authority as well, including a notification for such authority to conduct on-site proceedings, to inform the respondent as to the consequences of failure to comply voluntarily, stressing the importance of protecting the child from having to go through said police action regarding custody, and to advise the bailiff on the ensuing results within fifteen days of receipt of the enforcement order.

In the event of non-compliance the bailiff shall schedule the on-site procedure and shall notify the party requesting the enforcement, or, if not available to his representative appointed in accordance with Paragraphs a)-c) of Section 65 of the CPC and approved by the custody office, the guardian authority and the police. If the proceedings fail, the bailiff shall directly notify the aforementioned parties concerning the date set for the new proceedings.

The bailiff shall carry out the procedure for having the child surrendered at the residence of the obligor - or if the child is not there, at the residence of the child - under assistance by the police and the custody office. The child has to be returned to the person applying for enforcement or, if not available, to his representative approved by the custody office or to the custody office.

The obligor shall, without undue delay, deliver the child's documents, personal articles, the necessary clothing items, the instruments essential for regular studies, any medication the child is taking due to sickness or handicap, medical and technical aid to the person to whom the child is delivered.

If the obligor or the child to be returned cannot be found at their registered domicile or habitual residence, or at any other address known to the authorities, the bailiff shall issue a warrant to locate them, or an international warrant where it is deemed necessary. (Vht. 180.§, 180/A. §)

Direct link: https://mbvk.hu/en/gyik-content/what-are-the-rules-for-surrender-of-a-child/

The Association cannot provide legal advice in individual cases, we can only provide general information about enforcement matters to citizens. We recommend that you request legal advice through the Legal Assistance Service, by sending the available information. All information about this service is available by clicking on the link below: https://igazsagugyiinformaciok.kormany.hu/jogi-segitsegnyujtas

Legal support can be obtained by submitting an application form to the government office competent according to place of residence, place of stay, or workplace. The application form (in Hungarian or English) can be downloaded by clicking on the following link:

Nyomtatvány a jogi segítségnyújtás keretében nyújtott támogatások iránti kérelem benyújtására
You can find more information about the contact details of the relevant government office on the following website:

http://www.kormanyhivatal.hu/hu

Direct link: https://mbvk.hu/en/gyik-content/where-and-how-can-i-request-free-legal-assistance-regarding-my-individual-enforcement-case/


III. Legal remedies in connection with the procedure of the bailiff


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. §)

Direct link: https://mbvk.hu/en/gyik-content/for-what-reason-and-when-can-i-file-a-demurrer-of-enforcement/

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)

Direct link: https://mbvk.hu/en/gyik-content/what-can-be-considered-as-a-complaint/

The Association is obliged to investigate the complaint within 30 days of receiving it (if the Association invites the complainant to remedy the deficiencies noted, in that case within 45 days). If the investigation is expected to take longer, the complainant must be informed of this along with the reasons for the extension of the procedure. The extension of the procedure may not exceed 60 days (75 days in the case of deficiency). The period of suspension of the investigation of the complaint is not included in the procedural deadline. It should be emphasized that the Association does not take a decision when investigating the complaint. (Article 4(6) of Decree n. 10/2021 (X.29) of SZTFH)

Direct link: https://mbvk.hu/en/gyik-content/how-long-does-the-investigation-process-of-the-complaint-take/

The complainant shall be informed of the outcome of the complaint in writing by the Association. Within 15 days of receiving the notification, the complainant may apply for a review to the Head of the Office of the Association, if he does not agree with the decision contained in the notification. The Head of the Office of the Association takes the necessary measures within 30 days in case of a well-founded review request, and rejects an unfounded review request. The Head of the Office of the Association notifies the complainant in writing of the outcome of the review request. No further judicial remedy exists against the investigation on the review request. (Article 5(6)-(8) of Decree n. 10/2021 (X.29) of SZTFH)

Direct link: https://mbvk.hu/en/gyik-content/what-can-i-do-if-i-do-not-agree-with-the-outcome-of-the-complaint/


IV. Questions about auction


More information about the electronic auction system and other information required for the electronic auction can be found on the website of the Association at https://arveres.mbvk.hu/arverezok/.

We draw your attention to the fact that only the site accessible via the above link is considered an authentic electronic auction system operated by the Association. The Association is not responsible for any other information found on websites not operated by the us (e.g. https://licit.info/), the operating logic and purpose of these websites are unknown to the Association.

Direct link: https://mbvk.hu/en/gyik-content/where-can-i-find-detailed-information-about-the-electronic-auction-system-ear/

Any person or organization may request admission into the electronic register of bidders, subject to their acceptance of the user agreement setting out the conditions for bidders for using the electronic auctions operating system (EÁR) and paid the registration fee. (Article 132/E (1) of Vht.)

Direct link: https://mbvk.hu/en/gyik-content/who-can-register-in-the-auction-system/

Registration as bidder into EÁR operated by the Association is subject to a fee, registration can be done after paying the fee. The registration fee 6000 HUF has to be paid at any bailiff who performs the registration. Registration into the electronic register of bidders can be done in person, at any independent court bailiff (bailiff's office). The registration fee is a one-time fee, so there is no obligation to pay any additional fees, except for the possible modification request, the fee of which is HUF 3,000 ( 8/2021. (X. 29.) SZTFH rendelet 26. §)

For simple and quick administration, we recommend that you contact the independent bailiff of your choice by phone in advance with your intention to register and make an appointment in advance to complete the registration procedure!

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-register-for-an-auction/

In order to register into the electronic register of bidders, the natural person or organization wishing to register must present the following documents to the bailiff:

For registration of natural person:

  • identification document
  • certificate of domicile
  • official ID card containing tax identification code

For registration of organization:

  • a certificate of incorporation, company extract  
  • in the case of other organizations than a company, a certificate of registration from the organization managing the registration. 

The registration into the electronic register of bidders can also be done by proxy. The power of attorney given for registration must contain the serial number of the identity card, the certificate of domicile and of taxpayer’s card of the principal as well as the data contained in these documents and contained in Article 132/E (2a) of the Vht.

Direct link: https://mbvk.hu/en/gyik-content/what-is-required-for-auction-registration/

Holders of the right of pre-auction shall be informed of an impending auction by way of publication of the auction notice, or by way of delivery of the auction notice where so prescribed by this Act.

In auctions the holders of the right of pre-auction shall enjoy the status of bidders, if they are able to verify the existence of the right of pre-auction and to satisfy the conditions prescribed by this Act for auction bidders. In this case, the holder of the right of pre-auction may - apart from being able to participate in the auction as a bidder - exercise the right of pre-auction in respect of all bids by matching the highest bid quoted before the conclusion of the auction (including any extension), and making an offer in the same amount.

If the holder of the right of pre-auction declares in a statement sent to the bailiff to abide by the contents of the bid, and if no other valid bid is made for a higher amount before the conclusion of the auction, the holder of the right of pre-auction shall be recognized as the highest bidder.

Unless otherwise provided for by law, the right of pre-auction shall devolve upon the successor. Any transfer of the right of pre-auction shall be considered null and void. (Vht.123/A. §)

Direct link: https://mbvk.hu/en/gyik-content/how-is-the-right-of-pre-auction-registered-and-how-can-it-be-exercised/

A bidder may also be an entity comprised of several persons or bodies, where the share of each individual must also be indicated in the electronic register of bidders. Changes in the persons or bodies registered collectively, and in their share is permitted before making the first bid only. (Vht. 132/E.§ (6))

Direct link: https://mbvk.hu/en/gyik-content/how-is-a-group-of-bidders-registered/

Any person or organization may request admission into the electronic register of bidders, subject to their acceptance of the user agreement setting out the conditions for bidders for using the electronic auctions operating system. (Article 132/E (1) of the Vht.)

If the acquisition of an immovable property by the bidder is subject to permission, in addition to the user name and password for accessing the electronic auctions operating system acting as a bidder, the permission for acquisition of an immovable property must also be presented to the bailiff. Another condition is that the person or organization wishing to register has a tax number or a tax identification code valid in Hungary.

Direct link: https://mbvk.hu/en/gyik-content/what-to-do-if-a-foreign-citizen-wants-to-register/

After successful registration, the bailiff functioning as the auctioneer shall, upon request, activate the user name and password that is required of bidders to access the electronic auctions operating system (EÁR), if the person or body listed in the register of bidders has provided an auction deposit of ten per cent of the appraised value to the bailiff in cash or by way of credit transfer, and it was credited onto the bailiff’s deposit account.

The bidder can request the activation of his user name and password for a specific auction on the EÁR interface - at least 3 working days before the end of the auction - during which he must declare that he has paid the auction deposit for the auction and he is not considered as person banned from the auction. / Article 132/F (1) of the Vht, Article 26 (1) Decree n. 13/2021 (X.29) of SZTFH/

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-participate-in-the-auction-as-a-bidder/

For the use of the EÁR, the Association operates a professional and technical assistance service (helpdesk service) for users via telephone or electronic mail on weekdays between 8:00 and 16:00. The availability of the helpdesk service can be found on the Association's website, on the public page of the EÁR.

Direct link: https://mbvk.hu/en/gyik-content/where-can-i-ask-for-help-with-bidding/

On the auction interface, the bidder can find out about the advertised real estate properties and its main data from the information (auction notice) uploaded by the bailiff acting in the given enforcement case. The auction notice indicates the following: the data of record from the real estate register, the appurtenances and special features of the real estate property, an indication whether the property is sold vacant or occupied, the property’s reserve price, the minimum purchase price to be offered, the date and time when the property can be inspected. It is important to know that the property can be viewed from the outside at any time, but from the inside only with the permission of the owner, tenant or other resident. The photos shown on the website are purely for information, and they are not considered authentic and up-to-date information about the property. The independent bailiff is not obliged to present the property in detail, or to send maps or title deeds.

Auction notices also shall be posted on the bulletin board of the court of origin for authorizing enforcement, on the bulletin board of the town mayor's office, and on the bulletin board of the real estate supervisory authority. /Vht. 145. §/

Direct link: https://mbvk.hu/en/gyik-content/where-can-i-view-the-real-estate-properties-for-auction/

Based on the enforcement case number indicated in the auction notice, you can contact the acting bailiff or the bailiff’s office regarding further administration.

Direct link: https://mbvk.hu/en/gyik-content/what-should-i-do-if-i-have-found-my-own-property-in-the-ear-system/

The data of real estate property auctioned within the framework of the enforcement procedure is uploaded into the EÁR by the court bailiff acting in the given case - with responsibility for the authenticity of the data - so the problem must be reported to the acting bailiff/bailiff’s office.

Direct link: https://mbvk.hu/en/gyik-content/a-wrong-photo-or-data-was-indicated-at-the-auction-to-whom-should-i-report-it/

The property is vacant if after a successful and legally auction it can be taken into possession.

The property designated as occupied cannot be taken into possession even after a successful and legally binding auction, because or a property in co-ownership was auctioned, or the property is auctioned with right of usufruct/widow's rights, or the judgment creditor(s) has agreed to sell the property occupied. Immovable properties shall be auctioned occupied, if

a tenant living there based on a valid rental contract, or the tenant is an ancestor of the judgment debtor who has been living in the property for six consecutive months directly preceding commencement of the enforcement procedure and ownership of the property was transferred directly to the judgment debtor from such relative. In general, it cannot be taken into possession if the partial ownership share of the property is sold in the auction procedure!

At the same time, the sale in vacant condition does not mean that no one actually lives in the property, but that in the event of a successful auction, the property must be given possession to the auction buyer. If the judgment debtor and the persons living in the immovable property by right of the judgment debtor leave the premises voluntarily, the bailiff shall transfer the immovable property purchased to the auction buyer, otherwise, at the auction buyer's request, the bailiff ensure the possession by vacating the auctioned property. If the judgment debtor does not comply with the obligation to vacate the premises within the statutory deadline, the auction buyer may request the bailiff to bring into possession the property before the fifteenth day following the prescribed time limit for vacancy, for which the bailiff will take action with the help of the police if necessary. If the auction buyer misses the above deadline, he can only request the vacation of the property within the framework of court proceedings. (Vht. 141. §, 154/A.§)

Before registering as a bidder, we definitely recommend that you inquire with the independent bailiff acting in the case about the encumbrances of the property (beneficial ownership, rights of use, etc.).

See also what is written in point 61.

Direct link: https://mbvk.hu/en/gyik-content/in-the-case-of-auction-of-a-real-estate-property-what-does-mean-if-the-property-is-vacant-or-occupied/

The reserve price of the property is the amount of the appraised value determined by the bailiff based on the tax and value certificate issued by the notary of the municipal government where the property is located or in the event of an objection presented against it, the amount of the appraised value determined by the court.

Bids for residential property are accepted if made in an amount covering at least 90 per cent of the reserve price in the first phase, covering at least 80 per cent of the reserve price in the second phase, covering at least 70 per cent of the reserve price in the third phase, covering at least 100 per cent of the reserve price in all three phases in the case of recovery of claims on the basis of consumer contracts, if it is the only residential property of the judgment debtor, it is his residence and it has been for six months prior to commencement of the enforcement procedure. (Vht. 147. §)

Direct link: https://mbvk.hu/en/gyik-content/what-does-the-reserve-price-of-the-property-mean/

The auction buyer will be the one who made the highest valid purchase offer (bid) until the end of the auction. Within eight days after the conclusion of the auction, the bailiff shall call upon the auction buyer to appear in the bailiff’s office within fifteen days from the day of receipt of the notice for the purpose of signature of the auction report; failure to comply shall constitute buyer’s forfeiture of his auction deposit.

The auction buyer is obliged to pay or transfer the entire purchase price to the bailiff's deposit account within 15 days from the date of signing the auction report - and if the auction was contested with a legal remedy, from the date of its entry into force, according to the provisions of the decision assessing the legal remedy; if he fails to do so, he will lose the auction deposit.

The bailiff may grant respite for payment of the purchase price up to no more than two months, if justified due to the high purchase price or some other material circumstance.

(Vht. 149. §, 152. §)

Direct link: https://mbvk.hu/en/gyik-content/what-to-do-if-i-won-the-auction/

The bailiff shall record the auction in an auction report, which must be signed by the auction buyer, at the bailiff's request, within the deadline specified in it, and then within 15 days from the day of signing the auction report, he must pay the entire purchase price. The ownership of the new owner is registered with the competent real estate supervisory authority on the basis of the auction report, sales contract is not drawn up. /Article 152 (2) and Article 153 (2b) of the Vht./

We would like to draw attention to the fact that the auction buyer is obliged to manage the matter related to the property (fill in and submit form B400, pay tax), but after the completion of the procedure, we recommend checking the title deed of the property in any case!

Direct link: https://mbvk.hu/en/gyik-content/in-the-event-of-a-successful-auction-how-does-the-property-become-my-property/

If the premises are not vacated by the deadlines specified under Article 154/A Subsections (1) and (5) of the Vht., the auction buyer may request the bringing into possession of the property before the fifteenth day following the prescribed time limit for vacancy.

The bailiff shall notify the notary of the municipal government where the property is located  - within eight days of receipt of the request for the bringing into possession of the residential property – that the judgment creditor have submitted a request for the bringing into possession of the real estate property. (Article 154/A. (10) (11) of the Vht).

Please note that during the foreclosure moratorium (i.e. between 15 November and 30 April), the independent bailiff cannot take measures to evict a private person from a residential property.

The auction buyer and the resident have the right to agree on taking possession of the property at any time (even during the moratorium period) outside of the possession procedure.

Direct link: https://mbvk.hu/en/gyik-content/by-what-date-can-the-auction-buyer-request-the-bringing-into-possession-of-the-property/

The judgment debtor and the persons living in the immovable property by right of the judgment debtor shall, with the exceptions set forth in under Article 154/A Subsections (3) and (4), vacate the premises within thirty days from the auction, or if the bailiff has allowed any respite for payment of the purchase price, until such deadline, or within fifteen days of the date of the definitive date of a resolution passed in conclusion of action for legal remedy, when applicable, and shall remove all their possessions and otherwise allow the bailiff to turn the property over to the auction buyer.

The court of origin for authorizing enforcement shall notify the bailiff if an action for legal remedy is filed, and the appellate court shall send a copy of its ruling concerning the remedy when it becomes legally binding.

The judgment debtor and the persons living with him shall be temporarily relieved from the obligation of vacancy if the purchase price is not paid in time. In this case the property shall be vacated within thirty days from the date when the purchase price is paid in full.

The court of origin for authorizing enforcement shall grant a one-time respite from the obligation of vacancy upon the judgment debtor's request, if submitted within fifteen days upon receipt of notification of the appraised value, and if the property falls within the scope laid down in Subsections (3) and (4) of Section 147 and if the judgment debtor has no other place to live. No respite shall be granted if the judgment debtor has previously been fined for contempt, or if the court suspended the enforcement procedure for at least six months upon the judgment debtor's request for the same reason that would constitute grounds for respite. (Vht. 154/A. §)

Direct link: https://mbvk.hu/en/gyik-content/how-long-the-judgment-debtor-and-the-persons-living-in-the-immovable-property-by-right-of-the-judgment-debtor-are-obliged-to-vacate-the-auctioned-property/

Acquisition of property at auction is considered as an original acquisition The ownership right of the new owner acquiring a seized immovable property shall only have the following encumbrances: a) easement; b) right of use for public purposes; c) beneficial ownership recorded in the real estate register; d) beneficial ownership by virtue of law even if it is not recorded in the real estate register.

The rights of the new owner of an immovable property shall not be limited by any right of beneficial use, whether or not recorded in the real estate register, if the holder of such usufruct is liable to satisfy the claim of the judgment creditor, or if it was established by contract after the mortgage has been attached. (Article 137. (1)-(2).)

It should be noted that the independent bailiff may not be aware of any utility debt (e.g. water bill debt) on the property, or its amount, so it is advisable to request information from the public service providers in advance.

Direct link: https://mbvk.hu/en/gyik-content/is-the-property-purchased-at-auction-free-of-encumbrances/

If the electronic auctions operating system displays yet another purchase offer in the bidding log following the display of your bid quoted, the bailiff shall take action within three working days for the return of the auction deposit, less transfer costs, upon the bidder’s request, in the absence of a request, the auction deposit shall be refunded to the other bidders after the conclusion of the auction (Vht. 132/F. § (4)).

Direct link: https://mbvk.hu/en/gyik-content/if-i-dont-win-the-auction-what-should-i-do-when-will-i-get-my-auction-deposit-back/

The bailiff cannot take measures to evict a private individual from a residential property, between 15 November and 30 April. This does not apply for the evacuation of a residential property that was occupied unlawfully, or if the obligor had previously been fined for contempt. In the case of these persons, the bailiff must take measures to evict them during the above period as well. An arbitrary tenant is not only someone who arbitrarily moves into an empty property, so he does not have and never had a legal title to live there, but also someone who entered into a fixed-term rental contract, but did not voluntarily leave the property after it expired. (Vht. 182/A. §)

However, the provisions on the foreclosure moratorium must be applied to private individual classified as arbitrary tenants, who have entered into a fixed-term rental contract but do not leave the residential property voluntarily, and therefore the bailiff cannot take measures to evict this person during the above period. (Article 183/A (2) and 183/C. § (2) of the Vht.)

Direct link: https://mbvk.hu/en/gyik-content/what-does-the-foreclosure-moratorium-mean/

The auction shall be deemed unsuccessful if a) no bids had been quoted, or the price offered is less than half of the appraised value of the property, or less than the appraised value of a residential property under the conditions set out in Subsection (3) of Section 147, or less than 70 per cent thereof; b) the auction buyer did not sign the auction report; c) the auction buyer failed to pay the purchase price in cash or by way of credit transfer within the time limit specified in Subsection (1) of Section 149, or within the time limit specified by the bailiff for payment of the purchase price; or d) the auction notice was published improperly.

Direct link: https://mbvk.hu/en/gyik-content/when-is-a-sale-of-immovable-property-by-auction-unsuccessful/

If the auction procedures are unsuccessful and the other conditions for seizure of immovable property still exist, the acting independent bailiff will publish a notice called " notice for the continued auction of the real estate property " on the website: arveres.mbvk.hu. In addition to the notice for auction, the photo(s) taken of the property will also be published as an attachment. If the bidder who wishes to make a purchase offer for the property (ownership share) is already listed in the electronic register of bidders, he can request at any time another auction of the property published in the register of notices for the continued auction of the real estate property, submitting an activation request, transferring the auction deposit to the deposit account of the acting bailiff, and simultaneously making at least the lowest purchase offer possible in certain stages of the auction. After successful activation, the notice for the continued auction of the real estate property, as well as the bidding log already containing the purchase offer of the person requesting activation, will be published in the Records of Electronic Auction Notices, the rules of the first auction shall also apply to the repeated auction. The new auction for the property (ownership share) can be requested by the judgment creditor, in this case, the bailiff will carry out the procedure of auction according to the general rules.

Please note that notice for the continued auction of the real estate property may be published in the auction system for up to 5 years after the unsuccessful auction procedure, so it is possible that the parties request for re-establishing the appraised value of the property after submitting the activation request. In such a case, the independent bailiff rejects the activation request and take measures to have the appraised value re-established.

Direct link: https://mbvk.hu/en/gyik-content/what-does-notice-for-the-continued-auction-of-the-real-estate-property-mean/

In the case of land, once the notice for the continued auction thereof is published, purchase offers shall be presented to the bailiff in writing. The purchase offer shall be sent to the postal address of the bailiff responsible for the publication of the auction notice, or according to the Act CCXXII of 2015 on the General Rules for Trust Services and Electronic Transactions it can be sent in the framework of electronic administration, or may be presented in person, during office hours.

Direct link: https://mbvk.hu/en/gyik-content/how-can-i-present-a-purchase-offer-based-on-an-auction-notice-relating-to-lands-used-for-agricultural-or-forestry-purposes-hereinafter-land/

Given that the rules of electronic auctions cannot be applied in the case of land auctions, making a purchase offer is not subject to prior registration in the electronic register of bidders.

Direct link: https://mbvk.hu/en/gyik-content/is-it-necessary-for-the-person-who-presents-a-purchase-offer-in-connection-with-a-land-auction-to-be-registered-in-the-electronic-register-of-bidders/

The written declaration containing the purchase offer must comply with the content and form requirements of official documents, as well as the rules for the delivery of official documents so it must be included in a public documents or private documents with full probative force.

The written statement containing the purchase offer must include, in addition to the firm delaration of intent to purchase, the amount of the purchase offer in forints, the data necessary for the clear identification of the bidder and the land to be sold (lot registration number, location, name of the property and the ownership share), as well as the data related to enforcement procedure (name of the acting bailiff, enforcement case number).

Direct link: https://mbvk.hu/en/gyik-content/what-are-the-form-and-content-requirements-for-a-written-purchase-offer-in-the-case-of-a-land-auction/

Yes, the form- the use of which is optional - is available and can be downloaded by clicking on "generate purchase offer form" icon for the property affected by the auction notice.

Direct link: https://mbvk.hu/en/gyik-content/has-the-association-formalized-a-purchase-offer-form-for-auction-of-lands/

No, the legislation does not contain such a requirement. The ability of the auction buyer to acquire property is examined by the agricultural administrative body.

Direct link: https://mbvk.hu/en/gyik-content/is-it-necessary-to-attach-documents-certifying-the-ability-to-acquire-property-as-an-attachment-to-the-purchase-offer/

Pursuant to Act on Transactions in Agricultural and Forestry Land, the case of acquisition of ownership of land through auction or tendering as part of an enforcement (hereinafter referred to as “auction”), the agricultural administration body shall carry out the auction as provided for in Government Decree 191/2014 (VII. 31.) at the request of the bailiff. Based on this, auctions of land will not be governed by the auction rules of immovable property contained in the Act LIII of 1994 on Judicial Enforcement (hereinafter: Vht). In the case of auction of lands, the agricultural administration body conducts the auction at the request of the bailiff.

Direct link: https://mbvk.hu/en/gyik-content/which-body-shall-carry-out-the-land-auction/

According to article 35 of Act CXXII of 2013 land may not be sold without auction and may not be obtained by the judgment creditor.

Direct link: https://mbvk.hu/en/gyik-content/can-the-land-be-sold-without-auction-or-obtained-by-the-judgment-creditor/

Upon the parties' request the bailiff shall proceed to sell the immovable property without auction, but subject to the provisions of auction sale, to the buyer at the appraised value designated by parties. If the proceeds from the sale is likely to be sufficient to satisfy the claims of all judgment creditors, including the lien holders who has become involved in the procedure already in progress, and if no other party holds any right registered in real estate register to the property in question, the consent of judgment creditors is not required for sale without auction. In this case the bailiff shall sell the immovable property to the person designated by the judgment debtor at the value appraised by the judgment debtor.

If another party has some right in the immovable property in question registered in the real estate register, his consent shall also be required for sale without auction.

An immovable property may be sold without an auction before the commencement of the auction. A sale without auction may be effected after a bid is quoted in the bidding log if the price offered is higher than the price quoted in the bidding log, except if sold under the conditions set out in Article 157 (2), where the purchase price may be the same or lower than the price quoted. (Article 157. (1)-(2) of the Vht.)

Direct link: https://mbvk.hu/en/gyik-content/what-does-it-mean-to-sell-the-immovable-property-without-auction/


V. Electronic Delivery System of Enforcement Documents


More information on VIEKR registration and other necessary information on its use is available on the Association's website at the link: https://mbvk.hu/en/services/electronic-delivery-system-of-enforcement-documents/

 

Direct link: https://mbvk.hu/en/gyik-content/where-can-i-get-more-information-about-viekr-registration-and-its-operation/


VI. Legal framework


  • Regulation (EU) 2016/679. (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
  • Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure,
  • Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  • Act LIII of 1994 on Judicial Enforcement (Vht.)
  • Act CXXX of 2016 on the Code of Civil Procedure (Pp.),
  • Act CL of 2016 on the Code of General Administrative Procedure (Ákr.)
  • Decree No. 39/2012. (VIII. 27.) KIM on the amount of the expert’s fee advance to be deposited together with the demurrer of enforcement aimed at establishing the property's depreciated value by the court,
  • IM decree No 1/2002 (I.17) on court enforcement administration and money management
  • IM decree No 13/2021 (X.10) on exemption from enforcement of a motor vehicle that is indispensable for the occupation of the judgment debtor,
  • SZTFH decree No 6/2021 (X.29) on organization of judicial enforcement
  • SZTFH decree No 8/2021 (X.29) on court bailiff fees,
  • SZTFH decree No 10/2021 (X.29) on the management of complaint cases submitted against the action of the independent court bailiff, the supervision of complaint cases and the registration of disciplinary proceedings,
  • SZTFH Decree No 13/2021 (X.29) on the detailed rules for the operation of the IT application of the electronic auction system,
  • Government Decree 191/2014 (VII. 31.) on Regulations for the Sale of Agricultural and Forestry Land by Way of Auction Within the Framework of Enforcement, Liquidation or Local Government Debt Consolidation Procedures
Direct link: https://mbvk.hu/en/gyik-content/legal-framework/