AKMV Repayment of a loan after divorce
QUESTION
I filed a lawsuit against my ex-husband because he ignores a written agreement we concluded after the divorce regarding the joint repayment of a loan in equal shares, which we had taken out while still married. Based on the attached documentary evidence, the court found my lawsuit well-founded and, on that basis, issued an order to pay. I want to know, if he does not pay me the outstanding amount within 15 working days, how should I proceed further?
In connection with this, I am also interested to know what I can do, given that since the filing of the lawsuit, the debt has increased by an additional 714.64 euros, and each subsequent month it increases by another 89.33 euros until the loan is fully repaid.
ANSWER:
In the event that the respondent fails to fulfill the obligation imposed upon him by the order to pay, but likewise does not file an opposition within the statutory period, or if the opposition filed by him is rejected, the order to pay becomes final, effective, and enforceable pursuant to the provisions of Section 232, Paragraph 2 and Section 268 of the Civil Procedure Code. In practice, this will mean that you will hold a final, effective, and enforceable decision of the court, which will constitute an enforcement order, as it is a court decision that grants a right and binds the defendant to an obligation. Therefore, you will be able to seek satisfaction of the claim through enforcement proceedings.
An order to pay represents a court decision in accelerated proceedings, i.e., without scheduling a hearing. In the order to pay, the court shall order the respondent to pay the claim to the petitioner within a period of 15 days from the delivery of the order to pay, or to file a substantively reasoned opposition within the same period.
The respondent thus has two options, namely to perform within the period of 15 days or to file a sufficiently reasoned opposition. After filing a substantively reasoned opposition within the statutory period, the issued order to pay shall be canceled and the court shall schedule a hearing.
In this matter, however, how the lawsuit was worded is highly material. In the event that a situation arises where a hearing is scheduled by the court, you have the option to utilize the institute of amendment of a lawsuit pursuant to the provisions of Section 139 et seq. of the Civil Procedure Code, and thus, with the consent of the court, you could expand the asserted right to a further period. In the event that only the outstanding amount up to the filing of the lawsuit was sued for and you do not make an amendment to the lawsuit, you have the option to file a new lawsuit in which you will demand performance for the subsequent period.
JUDr. Veronika Michalíková, MBA