Civil procedure and enforcement of judgments
Framework
Act No. 99/1963 Sb. (občanský soudní řád) governs civil procedure; Act No. 120/2001 Sb. (exekuční řád) governs enforcement by bailiffs, while court enforcement is also available under the Code. The exam tests jurisdiction, the course of proceedings, remedies and enforcement.
Jurisdiction and action
General jurisdiction is at the defendant’s domicile; special rules apply to contracts, torts, property and consumer disputes. The action (žaloba) must identify the parties, the claim and the facts. The court charges a fee; legal aid is available for those who cannot afford it. The court may reject the action, suspend proceedings or issue a payment order (platební rozkaz) in appropriate cases.
Proceedings and remedies
The court prepares the hearing, takes evidence and decides by judgment. A judgment must be reasoned and served. The appeal (odvolání) must be filed within 15 days of delivery; it suspends enforceability and may be decided by the appellate court. Cassation (dovolání) to the Supreme Court is limited to legal issues and must be filed within two months. Retrial (obnova řízení) requires new facts or evidence. A constitutional complaint follows exhaustion.
Enforcement
An enforceable decision (exekuční titul) is the basis. The bailiff may seize bank accounts, wages, movable and immovable property, and sell assets. The debtor is protected by exempt property and the “nezabavitelné minimum” (minimum income). The debtor may file an objection (námitky) or a motion to stop enforcement.
Worked example
A creditor obtains a judgment, but the debtor appeals on day 16 after delivery. The appeal is late; the appellate court must reject it. The creditor may seek enforcement, but the debtor can still apply for a suspension if he pays the debt and costs. The key is the date of delivery and the running of the 15-day period, not the date the debtor learned of the judgment.
Traps
Missing the 15-day appeal and two-month cassation periods; confusing finality with enforceability; ignoring the requirement of a reasoned judgment; and overstating the bailiff’s powers over exempt assets.