Kényszereljárásról

Kényszereljárás refers to a legal process in Hungary where a creditor can forcibly collect a debt from a debtor. This procedure is initiated when a debtor fails to meet their financial obligations, such as loan repayments, unpaid bills, or other contractual debts. The primary goal of kényszereljárás is to satisfy the creditor's claim by accessing the debtor's assets.

The process typically begins with the creditor obtaining an enforceable title, which could be a court judgment, a notary's order, or another legally recognized document proving the debt. Once this title is secured, the creditor can file for enforcement with the relevant enforcement authority, usually a bailiff (végrehajtó). The bailiff then has the power to take various measures to recover the debt.

Common enforcement actions include garnishing the debtor's wages, seizing bank accounts, or levying on the debtor's movable or immovable property. The seized assets can then be sold at auction to generate funds for the creditor. There are legal limitations and protections in place for debtors, ensuring that essential assets like basic necessities and a certain portion of income are protected from seizure. The specific rules and procedures are governed by Hungarian law, primarily the Law on Enforcement Procedures (Bvtv.). This framework aims to balance the rights of creditors to recover their debts with the protection of debtors from undue hardship.