What you’ll learn in this article:

– How to recognize wrongful enforcement
– What to do if enforcement is aimed at the wrong person
– How to file an exclusion (third-party) claim
– What evidence you’ll need
– Why quick reaction is crucial

⚖️ When is enforcement wrongful?

Most common scenarios:

• Mistaken identity (same name, ID number, address)

• Seizure of third-party property (e.g. roommate’s or family’s items)

• Enforcing a debt that was already paid

• Invalid enforcement title or service errors

By law, the executor must verify the debtor’s identity and ownership – but in practice, they often rely on superficial data.

🧯 Step-by-step guide: what to do

1. Stay calm, but act fast

Even if you’re 100% right, time works against you. The longer you wait, the higher the risk of sale or additional costs.

2. Gather evidence

For example:

• proof of ownership

• bank statements

• lease agreements

• witness statements

• documents proving you’re not a party to the proceedings

3. File a motion to stop enforcement if you are wrongly targeted

If enforcement is against you by mistake (wrong name, invalid court ruling), you can file a motion to terminate enforcement.

4. If your property was seized but you are not the debtor – file an exclusion claim

This is called an “excindační žaloba” – an exclusion or third-party claim. It protects your property from being sold. You must file it within 30 days of learning about the seizure.

⚠️ Real case: student loses property over roommate’s debts

Tereza, a student, lived with a classmate who had debts. An executor visited their flat and seized a laptop, microwave, and TV – all owned by Tereza. She filed a third-party claim with the help of a lawyer and recovered her belongings. Without this, her items would’ve been auctioned.

💣 The biggest risk: silence

If you do nothing, the property will be sold. The funds go to the creditor, fees are added, and later claims become harder – and not always successful.

🛡️ Lawyer’s advice

If wrongful enforcement affects you, take action:

• communicate in writing, with proof and urgency

• collect documentation immediately

• don’t expect the executor to admit the mistake voluntarily

The faster you respond, the greater your chance to save your property.