European order for payment in Hungary
When it comes to pursuing cross-border claims for you or your company, our European Legal Network is ready to assist you in the procedure that serves best for such purpose, that is, in the proceedings of the European order for payment and the following court proceedings or the execution proceedings.
Initiating and issuance of the European order for payment in Hungary
Whether you are a Hungarian person or company having a pecuniary claim other than rights in property arising out of matrimonial relationship, wills, and successions, and claims arising from non-contractual obligations (in the latter case, an exception may be made if there has been an admission of debt) against a foreign person or company living or registered in any of the Member States of the European Union, or whether you are a foreign person or company having a claim against a Hungarian person or company, we undertake legal assistance concerning the initiation of the proceedings before a Hungarian notary. (It should also be noted that the European order for payment proceedings also apply to persons or companies of third countries having claims against a person or company of a Member State, however, in Hungary, you are only entitled to lodge such proceedings if the debtor or the claimant of that Member State is not Hungarian.)
The process itself starts with the application for the issuance of the European order for payment which is generated in the website of https://e-justice.europa.eu/156/HU/european_payment_order_forms and for which we offer extensive legal assistance. The application shall also be made in the language of the other party as the notary shall send the application in both languages. The application shall be submitted to a Hungarian notary in paper. Generally, the notary issues the European order for payment within 30 days and sends the order for payment to the other party.
Following delivery, the other party is entitled to submit a statement of opposition against the order for payment within 30 days, in which they are not obligated to offer any reasons for opposing the order for payment. Should the obligor submit such an opposition within the deadline the proceedings shall continue before the competent courts in the scope of a court proceedings.
Should the other party fail to submit a statement of opposition, the notary shall notify the claimant thereof and the European order for payment shall become final and binding and the execution proceedings may be initiated.
The costs of the European order for payment include the duty of the proceedings in Hungary is 3 % of the principal claim which amount cannot be less than HUF 5 000 or more than HUF 300 000 and should there be more than 5 parties in the case, an additional HUF 1 000 after each party shall be paid.
Moreover, even though the translation of the European order for payment procedure is generated by the website, some parts are not translated in their entirety, therefore, you must also expect some costs regarding translation.
Should the proceedings continue before the court due to the opposition of the other party and a Hungarian court has competence and jurisdiction in the case, an additional 3 % of court fees (a minimum of HUF 15 000 and a maximum of HUF 1 500 000) shall be paid.
Enforcement procedure regarding the European order for payment in Hungary
If the notary issued and sent you form G, that is, the European order for payment became final and binding, the execution proceedings shall be launched before the competent authority of a Member State where the debtor has property. Therefore, we shall offer you legal assistance if the European order for payment has been issued against a Hungarian person or company, however, our partners in our Legal Network may also assist you in an execution procedure to be carried out abroad.
The duty to be paid for the execution proceedings is 1 % of the principal claim which amount cannot be less than HUF 8 000 or more than HUF 150 000.
Furthermore, as the notary shall send form G only in your language, an additional translation fee shall be paid.
Should you intend to enforce your claim in an European order for payment, our Legal Network is ready to be at your service.
Ágnes Franczia, attorney at law
István Dobos, attorney at law