Better check your company’s electronic mailbox regularly
The Slovak corporate electronic mailbox is a well-known instrument, but despite this, is not yet frequently used. Be warned, Slovak law penalizes companies which do not check their electronic mailbox. And now, the law is even stricter!
Since the implementation of the new procedural law, the new electronic payment order process, the continuing codification of the Act on e-Government, and rules concerning delivery of documents to the electronic mailbox have changed, making it even more important that companies check their electronic mailboxes regularly. The regulation regarding court document delivery has changed for the third time in 18 months!
One common situation businesses face in Slovakia concern payment orders. Specifically, when a creditor asks the court to provide a payment order based on a petition that includes an issued invoice, the court will usually issue one. Thereafter, the court delivers the payment order to the debtor via the company’s electronic mailbox. After the delivery, the debtor will find in its electronic mailbox notification from the court that an undefined document is available for delivery. The notification will inform the debtor that it has 15 days to accept the delivery, usually by clicking on a hyperlink contained within the delivery notice. If the notification of delivery is accepted by the debtor within the mentioned 15 days, the debtor will immediately receive the court document – in this case the payment order. Having obtained the payment order, the debtor has the right to file an appeal within a further 15 days’ time.
If our debtor fails within the 15 days to confirm the notification on delivery, however, the court is so informed of the delivery failure. Now, the debtor’s electronic mailbox will contain just information about court delivery failure. The debtor can no longer download the court document. Furthermore, if this court document was a payment order, it is deemed to have been delivered upon the delivery failure, i.e. on the 15th day. Additionally, despite the actual failure of delivery, the period for appealing starts to run, even without the debtor knowing about the delivery of the payment order. Should the debtor not file an appeal within this 15-day period after either the payment order is delivered, or fails to be delivered, the payment order is directly enforceable.
Do not let this happen to you. This is just one of the many reasons we strongly recommend having a person regularly check your company’s electronic mailbox.
Article courtesy of bnt attorneys-at-law, s.r.o.