Application for Commencement of Enforcement Proceedings and Its Requirements
Enforcement proceedings shall be initiated by the creditor (the entitled party) by filing a motion for commencement of enforcement proceedings with a judicial officer of the creditor’s choice.
Requirements of a motion for commencement of enforcement proceedings:
- designation of the judicial officer who is to conduct the enforcement procedure, including the seat of the judicial officer,
- designation of the creditor (i.e., the person filing the motion) – name, surname, place of permanent residence, personal identification number or date of birth, or, where applicable, identification number,
- designation of the debtor – name, surname, place of permanent residence, personal identification number or date of birth, or, where applicable, identification number,
- precise identification of the enforcement title,
- specification of the obligation to be enforced,
- information on whether, and to what extent, the debtor has performed the obligation to be enforced,
- designation of the evidence relied upon by the creditor,
- date,
- signature of the creditor or its representative.
The motion for commencement of enforcement proceedings must be accompanied by:
- the original or an officially certified copy of the enforcement title bearing a certificate of enforceability, or a counterpart of a notarial deed containing consent to enforceability,
- where applicable, a declaration of enforceability, a decision on recognition, or a certificate under a directly applicable European Union regulation, if the enforcement title is of foreign origin.