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Overlap of enforcement proceedings

Updated: Jan 5, 2023

There are situations where a person has several debts, in connection with which various enforcement proceedings are conducted. We are then dealing with a overlap of enforcement, which may be uniform (administrative and administrative or judical and judicial) or inconsistent (administrative and judicial). The rules for resolving competence disputes in this respect are presented below.

According to the general rule, in the event of an overlap, the enforcement is carried out jointly by the judicial or administrative enforcement authority which first performed the seizure, and if this priority cannot be established - by the enforcement authority which seized the higher amount due.

However, this rule has exceptions. In the event that the execution concerns:

  • maintenance, disability or other recurring benefits,

  • cash benefit in a foreign currency

the bailiff (i.e. the judicial enforcement authority) will always have priority and he will conduct all the proceedings together.

Pursuant to the provisions of the Code of Civil Procedure, the execution overlap does not suspend the enforcement activities. However, in reality it may turn out that the transfer of cases between bailiffs or administrative authorities will take a very long time, and our account will be blocked throughout the entire period. No action will be taken and interest will start to increase. In such a situation, it is worth using the advice of a lawyer who will contact the bailiff on our behalf and try to speed up the entire process.

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