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In enforcement proceedings, advancing fees must be distinguished from ultimately bearing them. As a rule, the enforcement creditor advances the fees payable for the measures requested, while enforcement costs are borne by the debtor subject to Article 79 of the Code of Civil Procedure (GPK). Where the creditor has not paid the fees, Article 79(2) GPK allows their collection from the debtor.<\/p>\n
There are exceptions. Article 79(1) GPK addresses termination under Article 433, subject to the statutory exception for payment after proceedings have begun, abandoned or cancelled enforcement measures and enforcement methods that have not been applied. Consequently, not every amount charged should automatically remain payable by the debtor.<\/p>\n
Articles 79\u201381 of the Private Enforcement Agents Act (ZChSI) regulate the fee account, advance payment and the statutory exemptions from it. The account should be checked for the legal basis, the value of the interest involved where a proportional fee is charged, the individual amounts and any advance received. For payable but unpaid fees and costs, the private enforcement agent may apply for an order for payment under Article 410 GPK.<\/p>\n
The proportional fee under item 26 of the Tariff of Fees and Costs under ZChSI is not paid in advance by the creditor. It is calculated on the amount collected, subject to the Tariff\u2019s conditions. Advance fees are not included in the monetary claim on which this fee is calculated. This does not mean that all advance fees are deducted from the item 26 fee itself; the applicable limits and deductions must be checked separately under the Tariff.<\/p>\n
Where the creditor is declared the purchaser of the property, the amounts payable by that creditor, including the relevant item 26 fee, are determined with reference to the distribution and the applicable rules. A distinction must be made between setting off the creditor\u2019s claim and the amounts that must actually be paid.<\/p>\n
If you are challenging costs or preparing enforcement, provide the enforcement agent\u2019s fee account, the decision on costs, payment documents and details of service. Tomovi Law Firm can assess the basis and amount of the charges and the applicable remedies.<\/p>\n
Sources: GPK, Article 79<\/a>; ZChSI, Articles 79\u201381<\/a>; Tariff of Fees and Costs under ZChSI, items 26 and 29<\/a>.<\/p>\n