Can I speak to my creditor during enforcement? What are my communication rights?
Published 9 November 2026
Yes, you can communicate with your creditor during property enforcement proceedings—the law does not prohibit it. However, the bailiff (soudní exekutor) manages the enforcement process, including debt calculation, payments and auction; any agreement with your creditor must be reflected in the enforcement proceedings. Below you will find what to discuss with the bailiff, what with the creditor, and when court involvement is necessary.
Summary
- You can communicate with your creditor (called the 'oprávněný' or creditor in Czech enforcement law); however, an agreement alone will not stop the enforcement.
- The bailiff (soudní exekutor) manages the enforcement: debt calculation, payments, auction and file access—handle these matters with them.
- With your creditor, you can negotiate instalment plans, payment or withdrawal of the enforcement request, preferably in writing and with legal assistance.
- If you and the creditor or bailiff cannot agree, the court decides on matters such as suspension or deferment of enforcement.
- Do not sign anything in panic, and inform the bailiff of any agreements you reach.
Who is who in enforcement: the bailiff and the creditor
Enforcement proceedings are conducted by the bailiff (soudní exekutor), not by the creditor; the creditor is the party in the proceedings who requested the enforcement.
Under the Enforcement Act No. 120/2001 Coll., the creditor is referred to as the "oprávněný" (creditor) and the debtor as the "povinný" (debtor). The bailiff is appointed by the court and proceeds in accordance with the Enforcement Act and, where applicable, the Civil Procedure Code No. 99/1963 Coll. The bailiff issues the enforcement order, secures the property, calculates the claim and organises the auction.
The creditor participates in the proceedings only to the extent permitted by law: they may submit motions, provide their views and decide, for example, whether to withdraw the enforcement request. However, the creditor cannot sell the property themselves or follow a procedure outside of the enforcement proceedings.
What you can resolve with your creditor
With your creditor, you can negotiate anything that is within their discretion: instalment plans, payment, adjustment of the claim or withdrawal of the enforcement request.
The creditor knows how the claim arose and decides whether they are willing to make concessions. Typically, the following matters are negotiated:
- an instalment plan or one-off payment under agreed conditions,
- adjustment of accrued interest or other ancillary claims, if the creditor agrees,
- the creditor's position on the sale of the property outside of the auction, which would cover the debt,
- withdrawal of the enforcement request after payment.
Conclude any agreement in writing and have it reviewed by a lawyer. Creditors often act through their legal representatives or enforcement departments; availability varies from case to case, so expect primarily written communication.
For information on how to keep your property and settle the debt, see the page Settlement of Enforcement.
What must be resolved exclusively through the bailiff
Everything relating to the course of the enforcement proceedings must be handled through the bailiff, as only their actions have legal effect in the proceedings.
| Matter | Resolve with |
|---|---|
| Precise calculation of the debt and costs of the proceedings | Bailiff |
| Where and how to make payment | Bailiff (according to their instructions) |
| Agreement to sale of the property before auction | Bailiff, in cooperation with the creditor |
| Date and terms of the auction | Bailiff |
| Access to the file | Bailiff |
| Instalment plans, withdrawal of request, concessions | Creditor |
Beware of making payments to the creditor 'outside' the bailiff's involvement. If you do not notify and document these payments, they may not be recognised in the proceedings and you could end up paying twice. Inform the bailiff in writing of any payment or agreement and keep the receipts.
The procedure for sale with the bailiff's consent is described on the page Sale of Property in Enforcement.
Your basic information rights
As a participant in the proceedings, you have the right to know what is happening in your enforcement case and can request this information from the bailiff.
- File access: a participant in the proceedings may inspect the file and obtain copies or excerpts from it (§ 44 of the Civil Procedure Code No. 99/1963 Coll., applied appropriately in enforcement proceedings).
- Delivery of documents: resolutions and the enforcement order are served on you; timely receipt of mail is important for meeting deadlines for legal remedies.
- Debt calculation: you can request the bailiff to provide a current statement of the claim and costs.
- Data protection: the creditor and bailiff must handle your personal data in accordance with legal requirements; guidance on this is provided by the Office for Personal Data Protection.
Submit requests in writing and keep a copy for your records. An overview of the phases of the proceedings can be found on the page Enforcement on Property.
When you need the court or to file a complaint
If you cannot agree with the creditor or bailiff on a matter, it is the court that decides on the legality of the procedure, not the creditor.
The Enforcement Act No. 120/2001 Coll. provides for the following possibilities in particular:
- Motion to suspend enforcement, for example where the debt does not exist or has been paid.
- Motion to defer enforcement, if statutory grounds are met; the court decides based on the circumstances.
- Legal remedies against resolutions of the bailiff and court within statutory time limits, which are set out in the notice.
- Complaint about the bailiff's conduct to the supervisory authorities responsible for bailiffs.
Time limits are often tight and cannot be missed, so engage a legal representative as soon as possible. What works and what is a myth is summarised on the page How to Stop a Property Auction.
What to watch out for
Time is on your side—there is usually time to act—but offers for quick rescue can make the situation worse.
There are typically weeks or months between the enforcement order and the auction. For the debtor, the auction is usually the most expensive option, as court costs and creditor claims are paid first from the proceeds. Loans against security or sale-leaseback arrangements can worsen the situation; do not sign anything in a panic. Related issues are explained on the page Sale-Leaseback of Property: Risks.
Also remember that ownership passes only upon registration in the Czech Land Registry (katastrální zákon, Act No. 256/2013 Coll.). Cash payments are limited to CZK 270,000 per day (Act No. 254/2004 Coll.); reputable property purchases are carried out non-cash through solicitors' escrow accounts.
What to do now
First, prepare your documents, then ask the bailiff for a calculation of your debt, and only then negotiate with your creditor.
- Obtain the enforcement order, resolutions and all correspondence you have received.
- Request the bailiff in writing to calculate the debt and allow you to inspect the file.
- Consider what you can realistically offer: instalment payments, payment or sale of the property.
- Negotiate with your creditor in writing, preferably with a lawyer, and inform the bailiff of any agreements you reach.
- Keep an eye on the time limits for legal remedies.
This website is for information purposes and does not constitute legal advice. You can obtain a non-binding assessment of your situation for free using the form below the article.