There are several types of enforcement fee, e.g. scheduled fee, processing fee, disbursement fee, auction fee, execution fee and fee for delayed assertion.
A scheduled fee is levied from each payment or debt service collected from the debtor. The amount of the fee depends on the amount of the payment or debt service (see schedule).
If the debt cannot be collected from the debtor because of lack of means or some other reason, or if the creditor withdraws the request, a processing fee is collected from the creditor when the documents are returned to him or her. In a regular enforcement matter, the fee is €10.00 and in a limited enforcement matter €5.00. If the creditor has requested that the debt be entered into the passive register, a supplementary processing fee of €10.00 is payable.
The creditor will be liable to pay a disbursement fee for each amount that the enforcement authority disburses to him or her. The fee amounts to 1.45 per cent of the disbursed amount, but in any event not more than €500. (Amendments come into force 1.1.2009)
In addition to the scheduled fee, also an auction fee is levied for the compulsatory auction of distrained real property, registered vessel, registered aircraft, shares in a housing company or real estate company, or mortgageable vehicle or machinery (see schedule).
There is an execution fee for the carrying out of evictions, hire-purchase settlements and precautionary measures (seizures) (see schedule).
If a creditor fails to assert his or her pledge claim basing on a mortgage in the negotiation between the parties, the creditor is liable to pay a fee for delayed assertion. The fee is determined on the basis of the amount of the claim as provided for the scheduled fee, with the exception that the sum is doubled. (Coming into force 1.1.2009)
No enforcement fees are levied in the enforcement of criminal penalties, threats of a fine and child support payments. No barrier fees are collected from injured parties who have been awarded damages in criminal proceedings. Judicial authorities, tax authorities, prosecutors and pre-trial investigation authorities are exempt from enforcement fees.
The fees are as follows:
Scheduled fees (into force 1.1.2009)
Collected receivable or a part thereof
– up to €14, scheduled fee €2,50
– over €14 but up to €27, scheduled fee €5,00
– over €27 but up to €67, scheduled fee €7,00
– over €67 but up to €165, scheduled fee €12,00
– over €165 but up to €335, scheduled fee €27,00
– over €335 but up to €670, scheduled fee €56,00
– over €670 but up to €1 680, scheduled fee €84,00
– over €1 680 but up to €8 400, scheduled fee €134,00
– over €8 400, scheduled fee €210,00
Processing fee (Amendments come into force 1.7.2013)
– regular enforcement €10,00
– limited enforcement €5,00
– passive register, supplementary fee €10,00
Disbursement fee (Amendments come into force 1.1.2009)
– 1.45 per cent of the disbursed amount, but in any event not more than €500
Auction fee (Amendments come into force 1.7.2013)
Off the auction price in a bailiff’s auction
– real property €1100
– shares in housing company etc. €450
Enforcement fee (Amendments come into force 1.7.2013)
– eviction from residence €110
– other eviction €225
Executive assistance and settlement under the Hire-Purchase Act (into force 1.7.2013)
– value of the object up to €840, €110
– value of the object over €840, €225
– other execution €225
Only one half of the execution fee is levied, if no material execution measures have been taken.