In many cases, our contractual partner may not fulfil their obligations under the agreement. In the event that negotiations do not lead to a solution, there are number of possibilities to enforce the claim within the legal framework.

In some cases, even a properly worded attorney’s notice may be enough to enforce performance from the debtor.

If the debtor fails to comply within the deadline specified in the notice, it is worth considering other official legal forms of enforcement.

Order for payment procedure is a fast and efficient way to enforce pecuniary claims.

In certain cases, regulated by law, the choice of order for payment procedure as a means of enforcing a claim is mandatory instead of litigation before a court. In the following cases, an order for payment procedure shall be initiated instead of litigation:

  • the amount of the claim does not exceed HUF 3 million;
  • it is aimed at payment of money and has expired (the debtor did not pay it in part or in full within the payment deadline);
  • it is not one of the cases excluded by law.

Order for payment is a non-litigious procedure under the competency of notary publics with short deadlines. The proceeding transforms into litigation and will continue before the court if the debtor objects to a duly received order for payment within the deadline.

In the absence of an objection submitted by the debtor within the deadline, the order for payment shall become final and enforcement proceedings may be initiated against the claim specified therein.

European order for payment proceedings follows the same principle, with the exception that it is used to enforce cross-border claims within the European Union.

Naturally, it is also possible to enforce claims by instituting litigation or winding-up proceedings.

If the court orders the debtor to pay the claim in the final decision, but they do not comply with it within the deadline specified in the decision, enforcement proceedings may be initiated.

Claims management

Of course, in all cases, it is desirable to reach an agreement between the parties during the enforcement of claims, however in the absence of such an agreement and with knowledge of the details of the claim, I am able to suggest to you the most effective method of claim enforcement.

How can I assist you during claim enforcement?
  • drafting of an official attorney’s notice;
  • initiation of domestic and European order for payment proceedings;
  • initiation of winding-up proceedings;
  • drafting and reviewing of pre-litigation, litigation and out-of-court settlements;
  • enforcement of a claim in litigation non-litigious proceedings;
  • initiation of enforcement proceedings.

This webpage is maintained by Dániel dr. Párkai registered  by the Budapest Bar Association in accordance with legislation on attorneys-at-law and internal by-laws that may be found on the webpage along with information on client’s rights.

Contact information
1011 Budapest, Szilágyi Dezső tér 7. földszint. 3/A

My office is located in the heart of the 1st District in Víziváros and is therefore convenient to reach.

  • by public transportation: a 2 minute walk from Batthyány square and a 1 minute walk from the stop of Halász utca of trams 19 and 41;

by car: the location of the office is also favourable from a parking point of view, as there is usually parking space at Bem rakpart, Szilágyi Dezső square or Fő utca, which is however subject to a fee between 8 AM and 6 PM on weekdays.

DR. DANIEL PÁRKAI 2020 | All rights reserved