The Remuneration And Compensation The Bailiff

Original Language Title: o odměně a náhradách soudního exekutora

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51674&nr=330~2F2001~20Sb.&ft=txt

330/2001 Sb.



DECREE of the Ministry of Justice



of 5 April 2004. September 2001



the remuneration and compensation bailiff on remuneration and compensation of the finished

Business Manager, spending and the conditions of liability insurance

caused by a bailiff;



233/2004: Sb.



291/2006: Sb.



94/2007: Sb.



330/2008: Sb.



368/2009: Sb.



63/2012: Sb.



490/2012: Sb.



The Ministry of Justice pursuant to section 131 provides (a). a) to (c)) of law No.

120/2001 Coll. on judicial executors and enforcement activities (execution order)

and amending other laws, (hereinafter referred to as the "Act"):



PART THE FIRST



GENERAL PROVISIONS



§ 1



(1) the bailiff (hereinafter referred to as the "executor") carries out enforcement activities and

other activities in return for remuneration, the amount of which and the method of determining it is governed by the

This Decree.



(2) other activities of bailiff means the provision of legal aid,

drafting of bailiffs ' entries, taking things into custody, the implementation of the

other activities on the basis of the mandate of the Court, in particular the service of documents

the Court and bailiff's activities, and implementation of auctions of movable

or on a proposal from the owner of the immovable property or the person entitled to dispose of the

Affairs (hereinafter referred to as "voluntary auction"). Other activities of the executor of the means

also asset management under mandate from the Court or the Prosecutor

in criminal proceedings.



(3) the remuneration of the bailiff's fee is included as well as a replacement for the normal administrative and

other work in connection with the execution of the activities and other activities

the executor.



§ 2



(1) in connection with the execution of the activities, and other activities is the executor

entitled to reimbursement of cash expenses and compensation for service of documents.



(2) in connection with the execution of the activities belong to the executor in addition to claims

in accordance with paragraph 1, compensation for loss of time.



§ 3



He arranged for the executor with a legitimate leadership in the contract execution contract

the reward is the executor for the performance of activities in addition to the enforcement of rights under § 1

paragraph. 1 and § 2 contractual remuneration.



§ 4



Enterprise Manager is enforcement activity and sale of a business

reimbursement of cash expenses.



PART TWO



THE PERFORMANCE OF ENFORCEMENT ACTIVITIES



TITLE I OF THE



THE REWARD FOR THE PERFORMANCE OF ENFORCEMENT ACTIVITIES



The reward for the execution of imposing the payment of an amount of



§ 5



(1) unless otherwise further, is the basis for determining the remuneration for the

the execution of imposing the payment of an amount above executor vymoženého

the performance which do not include the cost of execution and the cost of the entitled party.



(2) if in connection with the sale of movables payday occurs more

claims from the proceeds, the basis for determining the remuneration of that part of the collected

the amount that was paid to these claims.



(3) If in connection with a disability or in connection with real estate

disabilities were totally or partially satisfied claims

authorized, the guy who came up in the proceedings as a more legitimate or

the creditor to the debtor who submitted the application, is the basis for determining

the rewards of that part of nature which has been so satisfied

the claims of these people.



(4) if the seizure is conducted on the basis of the enforcement order, in which the

the creditor shall be entitled to grants recurrent performance, is the basis for

the determination of the remuneration of the sum of the transactions which are to be enforced. In the case of

performance for an indefinite period, for life or for a period longer than five

years, is the basis for determining pay five times the value of annual benefits.



§ 6



(1) the remuneration for the execution of the payment of an amount of money amounts to imposing

to 3 000 000 Czk base............................... 15%,

of excess amounts up to Czk 40 000 000 base ... ... 10%,

excess amounts of up to $50 000 000 base....... 5%,

of excess amounts up to Czk 250 000 000 base ... ... 1%.



(2) the amount of Eur 250 000 000 to the Foundation.



(3) the remuneration referred to in paragraph 1 shall be at least 3 000 CZK.



The reward for the execution of imposing another obligation than paying cash

the amount of



§ 7



The reward for the execution of clearing out



The remuneration of executor makes 10 000 CZK for each vyklizenou property

construction, apartment or room.



§ 8



The reward for execution by removing stuff



The reward for the execution of the executor by removing things that matter for each

or set of things 15% of their value, but at least Czk 2 000.



§ 9



The reward for the Enforcement Division of the common thing



(1) the amount of the remuneration of the bailiff's fee for the Enforcement Division of the common thing in

When the common thing to be sold and the proceeds divided between the

the co-owners shall be calculated pursuant to § 6. The basis for determining the amount of remuneration

is the proceeds of sales things.



(2) the remuneration of the bailiff for the Enforcement Division of the common thing when

common cause has to be divided otherwise than by sale, the 6 000 CZK

each case being divided.



§ 10



The reward for execution by performing the work and performance



The remuneration of the bailiff's fee amounts to 6 000 CZK for each execution of the enforcement order, which

stores carry out the work and performances.



§ 11



Provisions common to the remuneration for the performance of enforcement activities



(1) required to, within 30 days from the date of receipt of the request to meet

the enforcement of the obligations imposed to pay an advance on the claim, and reduced costs

execution and the cost of authorized (§ 46 para. 6 of the law), belongs to the bailiff

reward



and) amounting to 50% of the remuneration referred to in paragraph 6, with respect to the execution of imposing the payment of a

an amount of money,



(b)) in the amount of 30% of the salary pursuant to § 7 to 10, in the case of the execution of imposing

other obligation than the payment of an amount of money.



(2) the permission lapses if the executor to manage for the execution of the decisions of the Court

the exclusion of the bailiff or enforcement, or by changing the executor

pursuant to section 51 (a). a), b) and d) of the Act, the remuneration of the bailiff, whose

permission disappear, 3 000 Eur, unless otherwise further.



(3) if the executor before it for the reasons referred to in paragraph 2 ceases its

authorized to execution on cash transactions already enforced part

claims, it has the reward provided for pursuant to § 6 of the collected parts

the claim, at least in the amount referred to in paragraph 2.



(4) the bailiff remuneration in the amount of $500, unless the executor in charge

the leadership of the execution and rejected the proposal of execution or refused or stopped if

the enforcement proceedings.



(5) if the executor was not entrusted with the leadership of the execution or if the permissions

one of the reasons that the bailiff was a reward he does not belong.



(6) claims to reimbursement of expenses incurred by the bailiff in the context of

enforcement activities are not the provisions of paragraphs 1 to 5.



§ 12



Advance on the costs of execution



(1) the amount of the advance on costs of execution and the deadline for its payment determines the

the executor.



(2) the advance payment on the cost of execution requiring payment of an amount of

shall not exceed 50% of the remuneration referred to in paragraph 6 and the lump sum compensation

cash expenses pursuant to § 13 para. 1, or estimate of reasonably incurred

cash expenses, is higher than the flat-rate amount referred to in § 13 para. 1.

the basis of the remuneration is deemed to be the amount of the claim, to be enforced; to

Accessories claims are disregarded. In the case of distraint

imposing another obligation than the payment of an amount of the advance

to the cost of execution may not exceed 50% of the remuneration laid down for such execution

in sections 7 to 10, or lump-sum compensation cash expenses pursuant to section 13

paragraph. 1, or an estimate of the cash expenses reasonably incurred, if the

higher than the flat-rate amount referred to in § 13 para. 1.



TITLE II



REIMBURSEMENT OF CASH EXPENSES, COMPENSATION FOR LOSS OF TIME AND THE REPLACEMENT FOR THE DELIVERY

Of DOCUMENTS



section 13 of the



Reimbursement of cash expenses



(1) the bailiff shall belong, in connection with the performance of enforcement activities

reimbursement of cash expenses in a lump sum of $3 500. This replacement

It includes in particular the Court and other fees, travel costs, postage,

payment to the persons carrying out the service of mail, telecommunications,

professional representation of true copies, photocopies and reimbursement of costs of inserting or

get the data from the central information systems.



(2) if the amount exceeds the cash expenses reasonably incurred in the executor

enforcement activities related to the carrying amount of 3 500 Czk, it has the

instead of the refund referred to in paragraph 1, the refund of cash expenses in full.

This cost is the executor is obliged to demonstrate.



(3) if the debtor within 30 days from the date of receipt of the request to meet

the enforcement of the obligations imposed, the claim does not exceed the performance of the recovered 10

USD and pay the required deposit on reduced costs and the costs of execution

legitimate, it belongs to an executor instead of a refund under paragraph 1

reimbursement of cash expenses in lump sum 1 750 CZK. The provisions of paragraph

2 shall apply mutatis mutandis.



(4) the bailiff shall belong instead of the refund referred to in paragraph 1, the refund

cash expenditures in the flat-rate amount of $200, if the bailiff in charge

the leadership of the execution and rejected the proposal of execution or refused or stopped if

the enforcement proceedings. The provisions of paragraph 2 shall apply mutatis mutandis.



(5) the bailiff shall belong to refund cash expenses reasonably incurred on the

expert reports and translations that the bailiff is obliged to demonstrate. This

reimbursement is not included in the flat-rate amounts referred to in paragraphs 1 and 3.



(6) the amount of the refund of travel expenses shall be governed by a special legal

Regulation ^ 1). The amount of the reimbursement of travel expenses, which is part of the cost


execution, shall not exceed 1 500 CZK per one path to space, which is not based

bailiff, who leads the execution, and back. A common path in more

enforcement procedures conducted by the same executor belongs to the reimbursement of the travel

expense only once. The bailiff shall, in each of these proceedings

a proportion of the reimbursement of travel expenses.



(7) the refund of the costs incurred on the expert opinions are governed by specific

the law ^ 2).



(8) paragraphs 1 to 7 shall not apply, if legitimate, he negotiated with the bailiff

in advance the amount of the expenses reasonably incurred under section 89 of the Act.



(9) if enforcement proceedings Are partakers of 2 or 2 permissions required,

increasing the lump-sum reimbursement of cash expenses referred to in paragraphs 1 and 3

about 30%. If enforcement proceedings účastno more than 2 or

more required than 2, increasing the lump-sum refund of finished

the expenditure referred to in paragraphs 1 and 3, regardless of the number of participants to 50%.



§ 14



Compensation for loss of time



(1) compensation for loss of time belongs to the bailiff enforcement tasks

the activities carried out in a place that is not based of his Office, for the time

travelling to this place and back. The amount of compensation for loss of time,

that is part of the cost of execution, shall not exceed 500 Eur one way

to the point that it is not the seat of the bailiff, who leads the execution, and back.



(2) compensation for loss of time spent traveling to the place which is not based

of his Office, shall be subject only once, when he performed in this place

acts in multiple execution proceedings. The bailiff in each of these proceedings

entitled to a proportion of the compensation for the loss of time by number of operations

undertaken in the individual execution proceedings.



(3) the refund is 50 Czk for every new quarter.



§ 15



Compensation for service of documents



(1) if the document is served by the bailiff in execution proceedings itself, it has the

compensation for service of documents.



(2) compensation for the service of documents consists of the reimbursement of cash expenses

reasonably incurred in the service of the document and of the lump sum payment in the amount of

50 Kč for delivery of a single document. Delivers to the same person more

of documents at the same time, the flat-rate amount is not increased.



(3) if the addressee has not been possible to effect service, belong to the executor

reimbursement of cash expenses reasonably incurred in the service of the document.



PART THREE



LEGAL AID



section 16 of the



(1) The determination of the amount and the method of determining the remuneration of the bailiff's fee for the provision of

legal assistance and refund of cash expenses in connection with the

the provision of legal aid, the bailiff shall apply mutatis mutandis special

legislation. ^ 3) in providing legal services under this

special legislation for the purposes of this Ordinance shall be deemed to

the provision of legal aid by the bailiff.



(2) compensation for the service of documents in connection with the provision of legal

assistance shall be governed by the provisions of section 15.



PART FOUR



DRAFTING OF BAILIFFS ' LISTINGS AND RECEIVE THINGS FOR SAFEKEEPING



§ 17



(1) The determination of the amount and the method of determining the remuneration of the bailiff's fee for drawing up

bailiffs ' writes, and for taking things into custody and determination

reimbursement of cash expenses in connection with the drawing up of bailiffs '

writes, and with receiving things for safekeeping shall apply, mutatis mutandis, the Special

legislation. ^ 4) in drafting notarial acts and for the adoption of the instruments and

money in trust for a notary public under this special legislation is

for the purposes of this Ordinance be deemed registration and acceptance of the drafting of the bailiff

things for safekeeping by the bailiff.



(2) compensation for the service of documents in the context of drawing up

bailiffs ' writes, and with receiving things for safekeeping shall be governed by the provisions of the

§ 15.



PART FIVE



OTHER ACTIVITY UNDER THE AUTHORITY OF THE COURT



section 18



(1) the service of documents on behalf of the Court to the court bailiff

the remuneration in the amount of CZK 50 for delivery of a single document; This remuneration includes

compensation for service of documents. Delivers to the same person more

of documents at the same time, the reward is not growing. If the addressee has not been possible to

served, the bailiff remuneration does not belong.



(2) the Reimbursement of cash expenses in connection with the service of documents

the Court shall be governed by the provisions of section 13.



§ 19



(1) the pursuit of the activity of the bailiff of the Court to credentials

the bailiff,



and if enforced) is a monetary amount of 15 000 CZK including, in

the amount of 300 CZK



(b)) if the amount of the monetary penalties higher than 15 000 Czk, reward

in the amount of 2% of this amount, but not more than 50 000 Eur,



c) if enforced consideration, the reward in the amount of $1 000.



(2) the remuneration determined in accordance with paragraph 1 shall be payable for each compulsory executor

execution of the decision, when the implementation of which is under the authority of the court bailiff

acts of the executor.



§ 19a



(1) for the realisation of individual things, rights and other assets of the

zůstavitelova property in the auction based on the credentials of the Court to

executor remuneration in the amount of 5% of the proceeds of the auction, but at least 1 000 Czk

and not more than 1 000 000 CZK, increased by 1% from the proceeds of the auction of more than 10

000 000 CZK.



(2) If, in the framework of the mandate referred to in paragraph 1 performed more auctions

the basis for the calculation of the remuneration shall be the sum of all net proceeds.



(3) The reimbursement of cash expenses in connection with the realisation of the individual

things, rights and other assets of zůstavitelova assets in the

the auction shall apply mutatis mutandis to section 13, for compensation for the service of documents

Similarly, section 15.



section 20



(1) the refund of cash expenses in connection with the performance of the activities of the Court of

the executor shall be governed by the provisions of section 13.



(2) compensation for the service of documents in connection with the performance of the activity

the bailiff shall be governed by the provisions of section 15.



section 21



If the executor of the credentials of the Court activity is different from the activities

referred to in articles 18 to 19a, belongs to him for any act of the reward in the

the amount of $100, and the replacement of cash expenses and compensation for service of documents

pursuant to section 20.



section 22



Remuneration and compensation for another activity performed on behalf of the court bailiff

be paid to the bailiff a court that has charged him with this activity.



§ 22a



Remuneration for the management of the Affairs and property of the secured



(1) when determining the amount and the method of determining the remuneration for the management of the case or

assets that have been secured in the criminal proceedings, proceed similarly

under special legislation ^ 4a). The basis for the remuneration of the bailiff's fee is

the price of things or property entrusted to the administration by the phrase

the first, identified by a special legal regulation ^ 4b).



(2) the Court may, on a proposal from a bailiff or Prosecutor that the executor

the administration of the affairs or property entrusted to take measures to impose

It was provided before the final termination of criminal proceedings

a reasonable advance on the remuneration and the reimbursement of cash expenses, if it is

justified by the duration of criminal prosecution or other serious reasons.



(3) the Remuneration, the remuneration and reimbursement of the advance referred to in paragraph 4 to the bailiff

the Court or the Prosecutor shall be paid by the administration of the case or

assets commissioned.



(4) reimbursement of cash expenses in connection with the administration of the affairs or property

shall be governed by the provisions of § 13, the replacement for the service of documents is governed by the

the provisions of § 15.



PART SIX



IMPLEMENTATION OF AUCTIONS



Article 23 of the



(1) The determination of the amount and the method of determining the remuneration of executor for execution

auctions and to determine the compensation cash expenses in relation

with the implementation of a voluntary auction shall apply mutatis mutandis, specific legal

prescription. ^ 5) for the costs of the auction according to this special legal regulation

for the purposes of this Ordinance shall be deemed to reward the executor and the compensation of the finished

expenditure.



(2) compensation for the service of documents in connection with the implementation of

auctions are governed by the provisions of section 15.



PART SEVEN



THE ACTIVITY OF THE ENTERPRISE MANAGER



section 24



On the determination of the amount and the method of determining the remuneration of the Manager of the company and the

determination of the compensation cash expenses in connection with the activities of the administrator

the undertaking shall apply mutatis mutandis special legislation. ^ 6)



PART EIGHT



LIABILITY INSURANCE



§ 25



Executors of the Czech Republic may impose to convey

the negotiation of a Treaty on liability insurance, which could

arise in connection with the performance of enforcement activities and the bailiff may

This mediation in the negotiations with the insurer to take advantage of.



PART NINE



COMMON AND FINAL PROVISIONS



section 26



(1) the remuneration of the bailiff for the release of the statement from the bailiff for enrollment

every new party issued the text of this statement 200 CZK.

This contains a listing of the bailiff write copies of the annexes

the bailiff write, the reward for each side attachment.



(2) the remuneration of the bailiff for the issue of another copy of the enrollment of the bailiff

shall be issued for every new page text of the bailiff write 100

CZK. If this copy of the bailiff write copies of the annexes

the bailiff write, the reward for each side attachment.



(3) the remuneration of the bailiff's fee for the issue of a copy of the minutes and the plain of the bailiff

the statement, a copy of the file is or confirmation for every new page

text 30 CZK.



section 27 of the



The basis for determining the remuneration of the bailiff's fee is rounded up to full hundred crowns


up and calculated the reward on the entire ten-up.



section 28



The effectiveness of the



This Decree shall take effect on the date of publication.



Minister:



JUDr. Bures in r.



Selected provisions of the novel



Article II of Decree No. 233/2004 Coll.



Transitional provisions



1. canceled



2. the remuneration for the management of the case or the assets that have been secured in the criminal

control, belongs to an executor, even when he was in charge of this activity

before the date of entry into force of this Decree.



Article II of Decree No. 291/2006 Coll.



Transitional provisions



1. canceled



2. the remuneration for the management of the case or the assets that have been secured in the criminal

control, belongs to the bailiff in accordance with Decree No. 330/2001 Coll., as amended by

Decree No. 330/2004 Coll. and of this order, if the Administration was

commissioned 1 July 2007. August 2006.



Article. (II) Decree No. 330/2008 Coll.



Transitional provision



Enforcement proceedings initiated and a work in progress in the effective date of this

the Decree shall be completed in accordance with Decree No. 330/2001 Coll., in the version in force in

the effective date of this Ordinance.



Article. (II) Decree No. 368/2009 Coll.



Transitional provision



If the debtor was the effective date of this order served to challenge

under section 11 (1) 2 (a). and) Decree No. 330/2001 Coll., in the version in force

to the effective date of this order, they shall be taken in accordance with the existing

legislation.



Article. (II) Decree No. 63/2012 Coll.



Transitional provision



If there was a resolution on regulation of execution issued to the effective date of this

the Decree, under the existing legislation.



Article. (II) Decree No. 490/2012 Coll.



Transitional provisions



1. The proceedings initiated before the date of entry into force of this order, the

They shall apply the provisions of § 5, 13 and 14 of Decree No. 330/2001 Coll., as amended by

effective before the date of entry into force of this Decree.



2. If the bailiff in charge before the date of entry into force of this

the decree making the auction within the disposal of heritage, section 19a of the Ordinance

No. 330/2001 Coll. in the version in force from the date of entry into force of this order

shall not apply.



1) Act 119/1992 Coll., on travel compensation, as amended by Act No.

44/1994 Coll., Act No. 125/1998 Coll., Act No. 36/2000 Coll., Act No.

132/2000 Coll., Act No. 220/2000 Coll., Act No. 309/2002 Coll. and act

No 320/2002 Sb.



2) Act 36/1967 Coll. on experts and interpreters.



Decree 37/1967 Coll., to implement the law on experts and interpreters,

as amended by Decree No. 11/1985 Coll., Decree No. 184/1990 Coll., Decree No.

77/1993 Coll. and Decree No. 432/2002 Coll.



2A) Decree No. 331/2001 Coll., on the central register of execution, as amended by

Decree No. 130/2005 Coll.



3) Decree No. 177/1996 Coll. on remuneration of lawyers and compensation lawyers

for the provision of legal services (lawyer's tariff), as amended by Decree No.

235/1997 Coll. and Decree No. 484/2000 Coll.



4) Decree No. 196/2001 Coll. on remuneration and compensation of notaries and administrators

heritage.



4A) § 22-23a, Decree No. 196/2001 Coll. on remuneration and compensation of notaries

and administrators of the inheritance, as amended by Decree No. 403/2005 Coll.



4B) Act 151/1997 Coll., on the valuation of assets and amending certain

laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.

Act No. 237/2004 Coll. and Act No. 257/2004 Coll.



5) Act 26/2000 Coll., on public auctions, as amended by Act No.

120/2001 Sb.



6) Decree No. 485/2000 Coll. on remuneration firm managers

its destination and determine compensation for their final expenditure.