Dr. Asbóth-Hermányi Lőrinc Bence

The procedure is a simplified non litigious procedure that allows for the enforcement of expired monetary claims. Upon request of the creditor the civil law notary without any oral hearing shall issue an order for payment to the debtor.

 The Creditors representatives and the debtor must have Hungarian address.

A request to a notary for the delivery of an Order for Payment must be submitted by oral, written or electronic form.

A legal entity or a person with legal representative - with few exceptions - must use the electronic way. The application form must be completed by a qualified electronic signature.

The electronic requests are automatically issued between the notaries by the IT-infrastructure.

The civil law notary uses the internet-based IT-infrastructure that is provided by the Hungarian Chamber of Civil Law Notaries for data-processing (website: https://fmh.mokk.hu/fmh/#x ).

Expired monetary claims of no more than 1 million HUF (approximately 3300 euros) can only be enforced via payment order procedure. On the other hand a claim more than 30 million HUF (approximately 99000 euros) cannot be enforced via payment order procedure.

The outcome of the procedure depends on the Debtor.

• If no statement of opposition has been lodged, or the debtor admits the claim, the notary will declare the order for payment enforceable.
• If the debtor admits the payment, but cannot pay it at once, he can request an installment payment from the notary.
• If he declares that he has already payed, the notary will send a notice to the creditor. If the creditor denies the debtors statement, the proceedings shall continue before the competent court.
• If he sends an Opposition to the order for payment within the time limit (15 days), the procedure will continue in front of the competent court.