Enforcement proceedings regulated by the provisions of the Code of Civil Procedure include several institutions that enable the debtor to protect against further enforcement. One of them is provided for in Art. 883 § 2 of the Code of Civil Procedure, the possibility of discontinuing enforcement proceedings by paying all due payments and depositing an amount equal to the sum of periodic payments for six months to the deposit account of the Minister of Finance, with the simultaneous authorization of the bailiff to collect this amount in the future if the debtor is in default.
The implementation of the above provision may pose some problems. This is due to the fact that the method of depositing money in a court deposit described in Art. 883 § 2 of the Code of Civil Procedure constitutes a lex specialis in relation to the content of Art. 693² § 1, which states that an application for placing the subject of the service in a court deposit requires the court’s permission. In the resolution of the Supreme Court III CZP 153/07, it was stated that in the case of depositing money in accordance with Art. 883 § 2 of the Code of Civil Procedure, court permission is not required. Therefore, there is a question as to how money can be deposited.
In order to effectively place money in court deposit under Art. 883 § 2 of the Code of Civil Procedure, the money should be transferred to a deposit in the District Court under the jurisdiction of the bailiff conducting enforcement. The payment title should specify that it is an advance payment for alimony for a specific person and that it concerns enforcement proceedings conducted by a specific bailiff. Then, you should submit an application to discontinue the proceedings along with the authorization for the bailiff to carry out any future enforcement from the deposit account. The application must be accompanied by proof of payment to the account.