Yes, this too may be a new reality after the recent amendment to the Code of Civil Procedure, which fundamentally changes the method of delivering payment orders (more about the amendment in our previous article).
While other changes may not directly affect you, you should definitely not miss this one. The amendment introduces a dual regime of rules for the delivery of payment orders, depending on whether the addressee has a data mailbox set up or not.
If the payment order is delivered to the defendant's data mailbox, the following can now be applied: so-called delivery fiction. This means that after the 10 days from delivery of the report the message is considered delivered to the data box, regardless of whether you have actually read it. If the content of such a message is a payment order, the fifteen-day period for filing an objection begins to run due to the fiction of delivery. Not only does this shorten your time for a possible reaction, but if the objection is not filed in time, the payment order will become legally binding and enforceable, and therefore the plaintiff can proceed to enforce such a decision, and thus to initiate execution, all without you having to find out about it. Moreover, even if you find out about the delivery of the payment order after the deadline has passed, at this stage it is almost impossible to effectively defend the decision, and therefore you will often have no choice but to pay the debt.
A similar situation may occur in cases where delivery is not made via a data box, but the implementation of such a procedure takes significantly longer, because if the addressee does not collect the shipment delivered, for example, via a postal service provider, the payment order will not be delivered and the court will cancel it, i.e. the debtor will prevent the immediate enforcement of the decision, but his subsequent passivity may still lead to a judgment for recognition or default, depending on the procedure of the court, but also of the plaintiff. However, the truth remains that the largest group at risk are persons who check their data box only sporadically, whether they have it set up voluntarily or compulsorily.
Despite the fact that not checking your mailbox or not receiving mail carries many serious risks and potential future inconveniences, in practice we unfortunately still encounter clients contacting us with requests to resolve problems only when it is more or less too late.
HOW TO PREVENT THIS?
The easiest and most reliable way is to regularly check your mailbox, or ensure that you receive your mail regularly (if you don't have one set up), so that nothing surprises you. Since we understand that in the flood of other obligations, it may be impractical to regularly check your mailbox, we recommend that you at least set up notifications about delivered data messages directly in your mailbox, in a form that you won't miss. This way, you can check your mailbox in time, and only if it's really needed, ensuring that you don't miss any important information.
However, if you are collecting data messages properly, or receiving mail, and you don't know what to do with a delivered payment order or other order, don't hesitate to contact us. obrátit. My Vám rádi pomůžeme s jakýmkoliv Vaším právním problémem.
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