The law firm endors has prepared a clear guide for you, in which you will not get lost.
The preliminary measure allows for quick intervention by the court at the very beginning of the proceedings. Preliminary measures may prevent the occurrence of further damages, or ensure the future enforceability of the claim. However, an interim measure is also a fundamental interference with rights, and the court is therefore also mindful of the adequacy of this extraordinary intervention.
The creditor must invite the debtor in writing to service the debt at least 7 days before the lawsuit is filed. The debtor also often complies only on the basis of a pre-trial challenge.
The action defines the subject matter of the proceedings. Therefore, it must contain not only the identification of the participants, but also the claim of claim, including the description of the decisive facts, the indication of the evidence and the description of what the plaintiff is claiming. Monetary claims can also be asserted by a simpler form proposal (proposal for issuing a payment order). With the delivery of the statement of claim to the court, legal proceedings are initiated.
Any “adult” claim, that is, the right of the plaintiff, for which the period for voluntary performance has already expired, can be asserted by the action. However, it must not be an already expired claim.
In general, it is not necessary to be represented by a lawyer in the proceedings before the court. Exceptions are appeal proceedings, cassation complaints, proceedings before the Constitutional Court and cases of so-called necessary defence in criminal cases. However, we recommend representation by a lawyer in the remaining proceedings, especially since the lawyer will recommend the client the most appropriate course of action to protect the client's rights.
As a rule, a predominantly successful party has the right to reimbursement of the costs of the proceedings by the unsuccessful counterparty. However, the amount of the costs paid in this way is determined by a “lump sum” according to the value of the dispute and the amount of the lawyer's actions. In particular, in the case of less “valuable” disputes, the compensation may not cover the costs incurred in conducting the dispute.
A distinction must be made between a call for performance (which may only be a condition for the establishment of a claim) and a subsequent pre-action challenge, which must be sent at least 7 days before the application is filed. Although a pre-action challenge is not a condition for filing a claim, it is advisable to send it (preferably through a lawyer) not only to increase the chances of voluntary repayment of the debt, but also to create a claim for reimbursement of the costs of successful proceedings.
The definition of “maladministration” is quite broad, but in general it can be described as a violation of binding rules prescribed by legal norms for the conduct of a public authority in its activities, to which it is obliged and authorized on the basis of generally binding legislation. However, in the case of maladministration, this is not an illegal decision, but the procedure of the authority, which was subsequently reflected in its decision. It is often an unreasonable length of proceedings, where, although the decision given is legal in itself, the time until it is issued is contrary to procedural rules or reasonableness and the parties are therefore entitled to compensation for delays in the proceedings.
If the decision is in legal force (i.e. final), it means that it is binding on the persons in question and they are obliged to abide by such decision. A decision is enforceable if the time limit for the performance of an obligation in that decision has elapsed. Thus, after such expiration of the period, it is possible to force the participant to fulfill the obligation imposed on him in the decision, even against his will.
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