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17 June 2025

Payment order for common cost arrears

The payment order procedure is a simplified, non contentious procedure conducted by a notary, aimed at the fast and relatively cheap recovery of monetary claims such as common cost arrears without a court trial.

Payment order for common cost arrears – Merbo condominium management in Budapest

Under the law, monetary claims not exceeding 3 million forints may only be enforced through a payment order procedure; direct litigation is not available below this limit. This covers most common cost arrears, as a single flat's debt rarely reaches this amount unless it has accumulated over years.

The procedure is relatively quick: the condominium, through its common representative, files an application with the notary containing the amount of the debt, its legal basis and the debtor's details. The notary reviews it and issues the payment order, which is served on the debtor. The debtor has 15 days to object, and if they fail to do so, the payment order becomes final and has the same effect as a final court judgment.

If the debtor objects, the case goes to court and continues as civil litigation, which significantly increases both the time and the costs, as litigation fees and possibly expert fees then arise.

Once final, the condominium can obtain an enforcement clause and turn directly to a bailiff, who may enforce against the debtor's assets, bank account, wages and movable property until the debt and the costs incurred are recovered.

One practical tip: before starting the procedure, document the build up of the debt precisely, broken down by month, because an imprecise or aggregated claim gives the debtor grounds to object.

The cost also matters: the notary's fee is a set percentage of the claimed amount, advanced by the condominium but recoverable from the debtor once the order is final. If the debtor has no recoverable assets, the condominium may lose this fee too, so it is worth assessing the realistic chance of enforcement already during the notice stage.

Merbo documents every step of the escalation chain, so if a case reaches the payment order stage, the required itemised statement is already available and does not have to be reconstructed afterwards.

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