A security court order may be demanded in any civil case that is subject to review by a court or an arbitration court. You should know that the court may grant protection before or during the (main) proceedings. The choice depends on the party.
As a rule, the granting of security may be requested by any party (in procedural proceedings) or a participant in the proceedings (in non-litigious proceedings), if it proves the claim and the legal interest in granting the security.
The exception to this rule are matters related to the securing of alimony – in these cases, the only basis for securing the claim is making the claim substantiate (make it probable).
Do you know what to do when you collect the security order from the court in the case of alimony?
The method of delivery of the court order securing the alimony
Often, people who do not know what to do with the received decision on securing the alimony claim or other claims come to the law office and are usually surprised by such a turn of events in a marriage or between partners who are parents. Well, sometimes life writes different scenarios.
Direct service of such a decision results from the fact that in cases of alimony, the court ex officio, i.e. on its initiative, serves a copy of the court decision to the parties. Such a court decision is made in closed sessions, i.e. without the participation of the parties, and is subject to lodge a complaint. Sometimes you will receive the court order of security from the bailiff.
Complaint against the court order of security
The rules related to the complaint against the court order of security changed with the entry into force of the so-called major amendment to the civil procedure from November 7, 2019.
Currently, there is a possibility to complain against the decision of the court order of the first instance on security, which is examined by the court that issued the appealed court decision, but in a different court composition. This is called a horizontal complaint (in legal slang it is more and more often referred to as a “wild strawberry” 🙂).
The deadline for lodging a complaint is currently, as a rule, one week from the date of delivery of the court decision with the justification (the exception here is when the court deviates from the justification of the decision and then the time limit is calculated differently). However, it should not be forgotten that the court itself will not, on its initiative, send the justification of its decision issued in closed session. Therefore, it is necessary to submit and properly pay for the application for justifying the decision submitted within one week from the date of delivery of the court decision.
I want to make a complaint and what next?
In family matters, it is often the case that a maintenance claim (alimony claim) is secured (this is also the claim for contributing to the satisfaction of the family’s needs under Article 27 of the Family and Guardianship Code). The court order of security may impose an obligation to pay the wife, husband, or children (to the hands of the mother or father) of a large amount. You may find that your earnings do not allow you to pay that much or cause you harm.
What can I do?
Along with the complaint, an application should be submitted to suspend the execution of the appealed (contested) court order of security until the complaint is resolved. It is up to the court whether or not it will accept such a request. It is worth remembering because, in the court decision on securing the claim, which is subject to enforcement, the court gives the enforcement clause ex officio.
In practice, this means that with such a court decision, the entitled person may go to the bailiff and collect receivables through bailiff enforcement. This may be the case, assuming that, for example, maintenance resulting from the security order would not be paid voluntarily.
As part of the law firm’s activities, we deal with broadly understood family matters, including divorce cases.