Stopping Enforcement
Not every enforcement is lawful. I will assess whether your debt is time-barred, non-existent, or being enforced contrary to the law, and prepare a petition to stop it.
Free consultation →What I will do for you
Enforcement cannot be stopped simply because it is unpleasant. There must be a specific legal ground. I will review the case file, the enforcement title and the course of proceedings, and tell you honestly whether stopping it has a real chance of success.
- ✓Assessing whether the debt is time-barred or does not exist
- ✓Checking the validity of the arbitration clause and the enforcement title
- ✓Drafting and filing a petition to stop enforcement
- ✓Defense in court against unlawfully conducted enforcement
- ✓Claiming reimbursement of the costs of proceedings
- ✓Dealing with the enforcement officer and the creditor
When enforcement can be stopped
The grounds for stopping enforcement are set out in Section 55 of the Enforcement Code (exekuční řád) together with Section 268 of the Code of Civil Procedure. In practice, the following situations come up most often:
- ✓A time-barred debt, if the creditor let the three-year period (Section 629 of the Civil Code), or the ten-year period for a finally awarded right (Section 640 of the Civil Code), lapse, and you raise the limitation defense in the proceedings
- ✓A non-existent or annulled enforcement title, for example if the judgment or payment order was later set aside
- ✓An invalid arbitration clause, common in older consumer loans where the arbitrator was appointed by an entity without statutory authorization, such an arbitral award is not a valid enforcement title
- ✓Long-term unsuccessful enforcement, if nothing has been recovered over the past six years and it is not enforcement against real estate, the enforcement officer, under Section 55 of the Enforcement Code, calls on the creditor to pay an advance for continuing the enforcement and stops it if the advance is not paid; unsuccessful enforcement therefore cannot last longer than 12 years (this mechanism does not apply to certain claims, for example child support or compensation for personal injury)
The petition to stop enforcement and defense against unlawful enforcement
A petition to stop enforcement can be filed by the debtor themselves, ideally as soon as they learn of the enforcement or discover a ground for stopping it. I will prepare the petition with supporting evidence (payment schedules, correspondence with the creditor, proof of limitation) and file it with the enforcement officer or the competent court. If the enforcement officer does not grant the petition, I will file an appeal and represent you in the further proceedings.
Besides the stopping of enforcement itself, I also handle defense against unlawfully ordered enforcement: objections to the enforcement order, a petition to postpone enforcement, and, where unlawful enforcement genuinely caused you harm, a claim for damages.
Who pays the costs, and how much you get to keep
Under Section 89 of the Enforcement Code, the costs of enforcement are generally borne by whoever caused it to be stopped. If the court finds that the enforcement was conducted unlawfully, for example due to a time-barred debt or an invalid arbitration clause, it can order the creditor to pay the costs. The situation is different where enforcement is stopped merely because the debtor has no assets, the enforcement officer’s costs are typically not automatically charged to the creditor, and the degree of the creditor’s procedural fault is assessed instead.
Even during ongoing enforcement, you are entitled to keep the so-called protected amount from your wages or pension. For 2026 it is calculated from the subsistence minimum and the standard cost of housing valid as of 1 January 2026, and it does not change during the year. Work out the exact figure for your situation, salary and number of dependents in the protected amount calculator.
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
We'll discuss it by phone
I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.
You'll receive the solution by e-mail
You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.
Do you think your enforcement is unlawful?
Describe your case. You will get a concrete answer within 48 hours, completely free of charge.
Free consultation →