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Under the provision of Article 429, paragraph 3 of the Civil Procedure Code (CPC)<\/strong>, the writ of execution issued against the debtor also has effect against a third party that has secured the claim with a mortgage. The creditor (the claimant in the enforcement case)<\/strong> does not have a claim against the mortgage debtor, but only the right to satisfy his claim from the mortgaged property.<\/p>\n Therefore, the bailiff<\/strong> (public or private) is obliged to serve copies of the enforcement order on the debtors, but not on the third party \u2013 the mortgage debtor. In such a case, the so-called \u201cmortgage debtor\u201d becomes a party to the enforcement proceedings only after the enforcement has been directed against the mortgaged property, which secures another person\u2019s obligation.<\/p>\n However, the third party is not a party<\/strong> to the previous order-for-payment proceedings initiated only against the debtors under the secured obligation.<\/p>\n According to Articles 419(1) and 423 of the CPC<\/strong>, only the debtor under the claim is entitled to appeal the order for immediate execution and to file an objection against the payment order \u2013 not the mortgage debtor<\/strong> (see Ruling No. 456\/08.10.2015 of the Supreme Court of Cassation (SCC)<\/strong> on civil case No. 3947\/2015).<\/p>\n According to the established case law (Ruling No. 603\/04.07.2012 on commercial case No. 168\/2012 of the SCC<\/strong>, and Ruling No. 531\/25.09.2012 on commercial case No. 498\/2012 of the SCC<\/strong>), a third party that has mortgaged its property to secure another\u2019s debt (the so-called \u201cmortgage debtor\u201d) may be a party \u2013 debtor \u2013 in order-for-payment proceedings in the hypothesis of submitting an application and issuing a payment order under Article 417, item 6 of the CPC<\/strong>, in conjunction with Article 173, paragraph 3 of the Obligations and Contracts Act (OCA)<\/strong>, in which case the mortgage debtor will have the right to file a private appeal under Article 419 CPC<\/strong> against the issued order for immediate execution.<\/p>\n If you have questions or need legal consultation related to enforcement proceedings<\/strong>, it is best to contact an experienced lawyer specializing in enforcement law<\/strong>.<\/p>\n