An asset that belongs to you can be excluded from enforcement. However, you must assert and prove your right to it yourself. In Slovakia, you lodge an objection with the enforcement officer, which suspends enforcement against the asset; if the enforcement creditor insists on enforcement, the court decides on the basis of an action. In Czechia, you must apply to the enforcement officer to remove the asset from the inventory within 30 days of learning that it was listed and, if unsuccessful, bring an action to exclude the asset. Exclusion releases the asset from enforcement, but its return by the customer is governed by your contract with them.
A machine that you sold to a customer subject to retention of title, rented out or lent to them has been included in an inventory drawn up by an enforcement officer collecting a debt from the customer. The enforcement officer lists assets in the enforcement debtor’s flat or elsewhere where the debtor keeps their assets (Section 120(1) of the Enforcement Code, Act No. 233/1995 Z. z.) and then prohibits the debtor from dealing with them (Section 117). You must assert and prove that the machine belongs to you. The procedures in Slovakia and Czechia differ principally in the applicable time limit.
Lodging an objection with the enforcement officer in Slovakia
You must assert your right to the asset directly with the enforcement officer conducting the enforcement:
The following quotation is reproduced in its original language:
Právo k veci, ktoré nepripúšťa exekúciu, treba namietnuť u exekútora. Toto právo patrí tomu, kto zároveň tvrdí a preukáže, že mu patrí vlastnícke alebo iné právo k dotknutej veci vylučujúce exekúciu. […] Námietka má na exekúciu vo vzťahu k dotknutej veci odkladný účinok. […]
The enforcement officer then asks the enforcement creditor to state within 15 days whether they agree to discontinue enforcement against your asset. If the creditor agrees or does not respond, the enforcement officer issues a notice discontinuing enforcement in respect of that asset (Section 44(2) and (3)). If the creditor insists on enforcement, the court directs the person whose right appears less likely to be established to bring an action before the defendant’s court of general jurisdiction within 30 days of service of the direction. This may be you, bringing an action to exclude the asset, or the enforcement creditor, bringing an action requiring you to allow enforcement against it (Section 44(4)). If the enforcement creditor fails to bring their action in time or the court dismisses it, enforcement against the asset is discontinued. If you fail to bring your action in time or the court dismisses it, enforcement against the asset continues (Section 44(6)). In straightforward cases, the court may decide on exclusion without directing anyone to bring an action (Section 44(5)). The law permits no other route unless proceedings to determine ownership of the asset began before the enforcement proceedings commenced (Section 44(9)).
The law sets no time limit for lodging the objection. Lodge it as soon as you learn that the asset has been listed, because listed assets are sold at auction after an enforcement order has been issued (Section 125(1)).
Applying for removal from the inventory in Czechia
In Czechia, a person holding a right that precludes enforcement applies to the enforcement officer who listed the asset for its removal from the inventory. The time limit is 30 days from the date they learned that it had been listed, and the enforcement officer rejects a late application. The enforcement officer decides within 15 days on the basis of the documents attached to the application, so include your evidence at the outset. If the enforcement creditor agrees to removal, the enforcement officer must remove the asset from the inventory (Section 68(1) to (3) of Act No. 120/2001 Sb.). If the officer refuses a timely application, even in part, you may, within 30 days of service of the decision, bring an action before the enforcement court to exclude the asset under Section 267 of Act No. 99/1963 Sb. From submission of the application until that time limit expires, and throughout the proceedings on the action, the listed movable assets may not be sold (Section 68(4)).
How to prove ownership and recover the asset
Provide documentary evidence of ownership. In a sale, this means a written retention-of-title clause in the sale agreement or in duly incorporated terms and conditions, as described in the question on sales subject to retention of title. For rental or leasing arrangements, provide the agreement and the handover record. Add the machine’s serial number, invoices, delivery notes and accounting records to establish that it is the particular item listed in the inventory.
Exclusion releases the asset from enforcement, but it remains where it was. Its return by the customer is governed by the contract, for example through withdrawal from a sale agreement containing a retention-of-title clause or termination of the rental agreement, and, if the customer refuses to hand over the machine, through an action for delivery of the asset. In Czechia, the enforcement officer hands the asset directly to the applicant if the officer secured it and took it into custody after listing it (Section 66(4) and Section 68(7) of Act No. 120/2001 Sb.). If the customer has meanwhile been declared bankrupt and the insolvency administrator has included the machine in the inventory of assets, the owner asserts their right with the administrator and, if necessary, through an exclusion action under Section 78 of Act No. 7/2005 Z. z.
We will prepare the objection or application for removal from the inventory with the evidence the enforcement officer and the court need. If the enforcement creditor insists on enforcement, we will conduct the proceedings to exclude the asset as part of our representation in litigation service in both Slovakia and Czechia. Send us the machine contract, the notice or inventory record, and the enforcement officer’s details.
This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
