On 1 February 2017, a new legal act on the dunning proceeding (Act on dunning proceeding) came into force in the Slovak Republic. The Act sets out a new alternative proceeding for debt recovery (in Slovak: upomínacie konanie).
In an explanatory statement to the Act on dunning proceeding issued by the Ministry of Justice of the Slovak Republic (Ministry) and author of this legal code, it was pointed out that the new law was adopted in order to meet the need to speed up the procedure for payment of outstanding pecuniary claims of creditors using electronic means. However, the traditional way of bringing a civil action in a written form before the court remained unchanged.
The concept of the dunning proceeding is based on a submission of proposals in the form of a standardized electronic sheet, which may be easily downloaded from the website of the Ministry. The standardized format of the sheet allows the automatic processing of information into the systems of the court and should ensure a proper completion of every single act, and thus avoid vague and incomprehensible proposals.
For the purposes of the dunning proceeding, a separate legal department was constituted under the District Court Banská Bystrica which is the only respective court for this type of proceeding.
It should also be noted that the Act on dunning proceeding sets forth a list of certain grounds on which a proposal shall be considered inadmissible, such as: the applicant nor his legal representative have not activated an electronic mailbox (please see: http://www.wolftheiss.com/knowledge /client-alerts-newsletters/detail/mandatory electronic-mailboxes-for-legal-entities/). In addition, the plaintiff must pay the court fee, the amount of which was determined by the legislature in the sum of 50% of the rate provided for in the traditional proceeding.
Once the dunning proceeding is initiated by filing an electronic proposal, which may not be considered as inadmissible, is free from defects and the court fee is dully paid, the court shall issue a payment order within 10 business days.