Procedures

Petra Plevnik Attorney-at-law Partner Telehpone:  +386 (0)1 252 80 00 E-mail:  petra.plevnik@senica.si Foreign languages: English, Croatian, Serbian

Fields

Q&A

Enforcement procedure

Q: A final writ of enforcement was issued against me in the beginning of November 2020, before the COVID-19 epidemic. Do enforcement proceedings deadlines run during the epidemic?

A: In accordance with the Supreme Court Order from November 16, 2020 procedural time limits do not run, except in cases where a childs benefit is in question. However, this is just a temporarily measurement, therefore, you should carefully monitor the running of deadlines.

Q: My bank account is blocked due to an enforcement proceeding. Due to the extreme measures taken in relation to the COVID-19 epidemic, I will receive certain benefits based on the Mega COVID-19 Law. Will these benefits be exempt from the enforcement proceeding?

A: In accordance with the Mega COVID-19 Law, all benefits paid according to its provisions are exempt from enforcement proceedings based on Claim Enforcement and Security Act. These benefits are also exempted from the bankruptcy estate in the proceedings of a personal bankruptcy.

Deadlines in judicial and administrative matters

Q: A lawsuit was filed against me, which was already served to me on November 20,2020. Do I have to reply to the lawsuit within the prescribed time limit (30 days) or does the COVID-19 epidemic influence the running of deadlines?

A: Pursuant to the Supreme Court Order from November 16, 2020 procedural time limits (including the deadline for responding to a lawsuit) do not run in court cases lodged after November 16, 2020 unless the issue at hand is considered an urgent matter. However, this is just a temporarily measurement, therefore, you should carefully monitor the running of deadlines.

Functioning of courts

Q: May I access the courts files during the epidemic in my case and acquire photocopies of the files?

A: No, unless your case is an urgent matter, with which the courts are also dealing during the epidemic. In all other non-urgent matters, the entry to court buildings is not allowed as of November 16, 2020. All requests, claims and applications have to be submitted by post or through the e-Judiciary portal (system eSodstvo) in proceedings where this is possible and all communication with the court is only possible by e-mail and telephone during office hours. You can, therefore, request the photocopies via e-mail and the court may send it to you via-email or regular pots. However, in urgent cases, the parties, their proxies and other persons who wish to have information relating a court procedure must notify the court regarding their arrival to the court in advance via e-mail or telephone numbers during office hours.