Act on the Reminder proceedings

The new regulation comes with following changes:

• Petition on payment order may only be filed electronically using a specific form and must be signed with authorized electronic signature;
• The only competent court is District court Banská Bystrica;
• Everyone whose claim against the defendant can be reasonably presumed may file the petition if such claim is reasoned by facts and documents attached to the petition;
• If the plaintiff and the defendant are both accounting units, it is sufficient to attach the invoice, or the payment request and plaintiff´s declaration that he registers the claim in its accounting records;
• Should the plaintiff be a VAT-payer, it is sufficient to state in the petition, that he has provided the information on the claim in the control statement according to specific law;
• Petition on issuance of the payment order is excluded in specific cases, e.g. if (a) agreed rate of late interest is higher by more than five percent than the statutory rate, (b) if the relevant claim originated from the promissory note, or (c) if the relevant claim originated under the consumer agreement;
• Court issues the payment order within 10 days upon fulfillment of the issuance conditions, and orders the defendant to pay the claim to the plaintiff within 15 days.