How to communicate with the judicial officer
I have sent several e-mail messages to the judicial officer and have never received any response.
Communication with a judicial officer is primarily governed by Section 42 of Act No. 99/1963 Coll., the Civil Procedure Code, as amended, under which submissions may be made in writing. Any motions or other submissions must be made in the form prescribed by law, namely:
- in person – by delivering a signed written submission directly to the filing office of the judicial officer during office hours;
- by post – by sending a signed written submission to the registered office of the judicial officer;
- via data mailbox – by delivering an electronic submission from the sender’s data mailbox to the judicial officer’s data mailbox;
- signed e-mail – by delivering an electronically signed submission to the judicial officer’s electronic filing address, signed with a recognised electronic signature;
- other methods – submissions made in another form must generally be supplemented within 3 days by a submission of identical content in one of the forms listed above; otherwise, they shall not be taken into account by the judicial officer in proceedings on the merits.
Telephone Communication
Telephone contact is not a statutory method of communication with a judicial officer; however, it may be suitable, provided that confidentiality and personal data protection rules are observed, for obtaining basic information or arranging an appointment for inspection of the enforcement file.
A judicial officer is not obliged to communicate by telephone. However, if telephone calls are made, the judicial officer is obliged to record and retain such recordings.
Inspection of the Enforcement File
A request to inspect the enforcement file and to arrange an appropriate time for inspection may be made orally (by telephone, if telephone office hours are available, or in person at the judicial officer’s office during office hours) or in writing (in the form used for ordinary submissions; however, since this is not a submission on the merits, an ordinary e-mail is sufficient).
The judicial officer must prepare the file for inspection; therefore, immediate inspection on demand is usually not possible. It is therefore recommended to always contact the judicial officer in advance to arrange an appointment.
The enforcement file also includes a financial overview from which it is possible to determine the amount already recovered, including its allocation to the principal claim, accessories, creditor’s costs, and enforcement costs.
Where the judicial officer maintains an electronic file, it may be made available electronically upon written request. If this is not possible, the judicial officer may send the electronic file by post; repeated provision of the electronic file may be subject to reimbursement of related costs.
Information on Amounts Recovered
Upon request, the judicial officer shall once per calendar year send a financial overview to a party to the proceedings, forming part of the enforcement file. This includes information on the total amount recovered, the principal claim, interest, default interest, enforcement costs, creditor’s costs, and the dates on which recovery occurred.
Contact Information of Judicial Officers
Contact details of individual judicial officers are publicly available on the website of the Chamber of Judicial Officers
(https://www.ekcr.cz/vyhledat-exekutora).
Where a judicial officer is temporarily unable to perform their duties (e.g. due to illness, suspension of office, or other serious reasons), the list also indicates the appointed substitute.
Substitute Judicial Officer
Where a judicial officer is unable to perform their duties, a substitute appointed by the Chamber shall act in their place. The substitute acts in the full scope of the original judicial officer’s powers.
During the period of substitution, parties shall communicate directly with the substitute judicial officer.
Where parties wish to inspect the enforcement file or obtain information on the amount recovered or payment schedules, they shall communicate with the substitute.
If parties consider that communication is insufficient, they may file a complaint with the Chamber of Judicial Officers or another supervisory authority (e.g. the Ministry of Justice).
Debtor’s Obligations During Substitution
The fact that a judicial officer is represented by a substitute does not affect the continuation of the enforcement procedure. The debtor remains obliged to comply with the enforcement title.
Employer (Payer of Income)
The fact that a judicial officer is represented by a substitute does not affect ongoing enforcement proceedings. The obligations of the employer remain unchanged (cooperation, execution of deductions, and payment of withheld amounts). If necessary, the employer may communicate with the substitute judicial officer.
Creditor’s Remedies in Case of Unsatisfactory Communication
The enforcing creditor (entitled party) is the person who selects the judicial officer. The creditor also has the right under Section 44b of the Enforcement Code to propose a change of judicial officer if there are relevant grounds. The enforcement court decides on such proposal. If the judicial officer agrees with the change, the transfer to another judicial officer may also be carried out in a less formal manner without a court decision.
Temporary Closure of the Office
It cannot be excluded that a judicial officer may temporarily be unable to perform their activities due to technical reasons (e.g. a cyberattack). In such cases, it is primarily the responsibility of the judicial officer (possibly in cooperation with the Chamber or other authorities) to resolve the issue.
It is recommended to monitor the website of the relevant judicial officer and the Chamber of Judicial Officers of the Czech Republic.
In case of doubt, any person may contact the Chamber of Judicial Officers or another supervisory authority (e.g. the Ministry of Justice).