What is a notary's writ of execution?+
It is a notarial act provided for by the Law “On the Notariat”: the notary places a writ on the document confirming the debt, and on that basis the debt is recovered in an undisputed procedure, without court proceedings. The writ is then enforced in the same way as any other enforcement document.
Which debts does it work for?+
Only for documents on the list approved by Cabinet of Ministers Resolution No. 26 of 18 January 2002. It includes, among other things, notarially certified transactions involving the receipt of money or the return of property, as well as debt under premises lease and tenancy agreements, shared expenses and utility services.
Can a debt be made recoverable without court in advance?+
In many cases yes — through the form of the transaction. Because the list includes notarially certified transactions of certain types, the possibility of undisputed recovery later is built in when the contract is signed, not once payments have already stopped.
Can the debtor challenge a writ of execution?+
A challenge is possible, and it is usually built on a defect in the underlying document: it does not match the list, or it was drawn up improperly. That is why the file is prepared to the requirements of notarial proceedings rather than put together loosely.
What if the debt does not fall within the list?+
Then the usual route applies: demand letter, claim and representation in court, followed by enforcement proceedings. The choice is made after reviewing the documents, because both the timeline and the cost of the work depend on it.
How much does a writ of execution cost?+
Notarial tariffs are set by the state and change from time to time, so the current amount is confirmed with the notary on the date of application. We do not publish the tariff on this page so as not to leave you with an outdated figure.
Is there a deadline after which recovery is too late?+
The general limitation period is three years, and it cannot be changed by agreement of the parties. In practice this means the overdue portfolio has to be worked regularly rather than allowed to build up until part of the debt becomes unrecoverable.
Do you work with portfolios of debtors?+
Yes — for management companies, landlords, leasing companies and utility providers this is the main format: cases sharing the same basis are handled in batches, which is cheaper and faster than running each one separately.