Rules of Enforcement Changed for the Duration of the State of Emergency
The Hungarian Government has adopted a second set of measures to mitigate the socio-economic impact of the COVID-19 epidemic in Hungary. In this article, we outline certain provisional rules concerning enforcement procedure which are applicable during the time of the state of emergency.
(i) Payment in instalments
If the debtor informs the bailiff of its intention to pay in instalments, the latter may establish such method of payment without the prior consent of the creditor requesting the enforcement.
(ii) On-site procedures, evictions
• During the time of the state of emergency, no on-site procedural steps can be taken, no traditional (i.e. in person) auctions can be held and communication will be limited to postal and electronic means.
• Evictions may only be carried out after the end of the state of emergency. Deadlines related to evictions will restart on the 15th day following the end of the state of emergency unless this day falls between 15 November and 30 April. In the latter case, deadlines will restart on the 15th day following 30 April.
(iii) Auction of real properties of private individuals
The bailiff can only proceed to auction real properties of private individuals on or after the 15th day following the expiry of the state of emergency.
(iv) Fines and suspension of enforcement procedures
• No fine can be imposed on a person who was not able to comply with his obligations during the time of the state of emergency because of the epidemic-related measures.
• Upon the request of the debtor, the court may exceptionally suspend the enforcement procedure if the debtor’s new “life situation” is in connection with the epidemic-related measures and such “life situation” may be equitably taken into account