Yes, the court can do so if you substantiate both your claim and a specific concern that enforcement will be jeopardised. For a monetary claim, the first option is a security measure by which the court creates a security interest over the debtor’s assets. It will prohibit dealings with particular assets only if the purpose cannot be achieved otherwise. The court may decide without hearing the debtor. However, if the measure ceases to have effect for a reason other than your success on the merits or satisfaction of your claim, you must compensate the debtor for the damage it caused. In Czechia, you apply for an interim measure and must generally lodge security no later than the day you file the application.
Proceedings for payment are under way, while the debtor is advertising real estate for sale or transferring assets to other people. By the time the court decides, the debtor may no longer have the means to pay. The Code of Civil Dispute Procedure (Act No. 160/2015 Z. z.) therefore allows you to seek temporary protection from the court before proceedings begin, during them and after they end (Section 324(1)). The article on urgent interim measures and prohibitions on dealing with assets (forthcoming) (in Slovak) examines both instruments in detail, including the requirements for an application.
A security interest or a prohibition on dealing with assets
For a monetary claim, the court will order an urgent interim measure only if the intended purpose cannot be achieved by a security measure (Section 324(3)). A security interest is therefore the first option:
The following quotation is reproduced in its original language:
Zabezpečovacím opatrením môže súd zriadiť záložné právo na veciach, právach alebo na iných majetkových hodnotách dlžníka na zabezpečenie peňažnej pohľadávky veriteľa, ak je obava, že exekúcia bude ohrozená.
The security interest arises upon entry in the relevant register, or in the Land Register for real estate, and may be enforced only once the claim has been upheld by a final decision (Section 343(2) and (3)). Its advantage is that, if the asset subject to the security interest is transferred, the security interest generally remains effective against the acquirer. Where it is entered in the Land Register, the acquirer cannot rely on being unaware of it (Section 151h(1), (3) and (4) of the Civil Code). Through an urgent interim measure, the court may, for example, require the debtor to deposit a sum of money or an item with the court, or to refrain from dealing with specified assets or rights (Section 325(2), letters b) and c)). If the order forms the basis for an entry in a register, the court also sends it to the authority maintaining that register (Section 331(3)).
What you must substantiate before the court
The application must describe the facts giving rise to concern that enforcement will be jeopardised, together with facts credibly substantiating the merits and continued existence of your claim. You must attach the documents on which you rely (Section 326). A general assertion that the debtor might transfer assets is insufficient. Describe and document the debtor’s specific steps, for example with an extract from the title record showing a change of owner, a copy of a sale or gift agreement, or a sale advertisement, together with the contract, invoices and supporting documents for your claim.
The court must decide on an application meeting the prescribed requirements within 30 days of receipt (Section 328(2)). It may do so without hearing the parties and without holding a hearing (Section 329(1)), and serves the application on the debtor only together with the order granting the measure (Section 331(1)). If it orders the measure before an action is brought, it may require you to bring the action within a specified period; otherwise, it will discharge the measure (Section 336(1) and (3)). The applicant bears the risk. If the measure ceases to have effect or the court discharges it for a reason other than the action being upheld or your claim being satisfied, you must compensate the debtor for damage and other harm (Section 340(1) and Section 344). If the debtor has already transferred the assets, the measure will not bring them back. An action challenging the transfer as prejudicial to creditors may then be an option, as explained in the question the debtor has transferred assets to family members.
Interim measures in Czechia
Before a Czech court, the same objective is achieved through an interim measure, both before and during proceedings (Section 74(1) and Section 102(1) of Act No. 99/1963 Sb.). In particular, the court may require the debtor to refrain from dealing with specified assets or rights (Section 76(1), letter d)). No later than the day the application is filed, the applicant must lodge security of 10 000 Kč, or 50 000 Kč in disputes between businesses arising from their business activities; otherwise, the Czech court will reject the application (Section 75b(1) and (2)). Exceptions apply, for example, where the applicant is exempt from court fees (Section 75b(3)). This also applies during ongoing proceedings (Section 102(3)). In Czechia, too, the applicant is liable under similar conditions for damage caused by an interim measure, and any compensation awarded is paid first from the security lodged (Section 77a(1) and (4)).
We will prepare an application for a security measure, an urgent interim measure or an interim measure together with the action or during an ongoing dispute as part of our litigation representation service. If the matter concerns an unpaid invoice and proceedings have not yet begun, our debt recovery service can also help. Send us the documents supporting your claim and everything you know about the debtor’s dealings with their assets.
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.
