# Enforcement in Croatia: How to Protect Yourself When a Creditor Files, Withdraws, and Refiles the Same Debt
Did you know a creditor can start enforcement proceedings against you, withdraw them whenever they feel like it, and file the exact same thing again the next day — while you pay the costs every single time?
After last week’s articles on anchor prices and new lending rules, here’s a question that affects thousands of Croatian citizens: **what if your enforcement creditor files a motion for enforcement, withdraws it, then files it again — over and over, racking up your costs?**
Let’s break down what the law says and how you can protect yourself.
## Enforcement 101
The Enforcement Act (Ovršni zakon, NN 112/12, 93/14, 73/17…) defines enforcement as **forced collection of a claim** — when someone owes you money and won’t pay, the court or notary can forcibly collect the debt from their assets: salary, bank accounts, movable property, real estate.
Key players:
– **Enforcement creditor (ovrhovoditelj)** = the one seeking collection
– **Enforcement debtor (ovršenik)** = the one being collected from
## The Problem: Pull-and-Release Game
Here’s the core issue — **Article 36 of the Enforcement Act** states:
> (1) The enforcement creditor may, during the proceedings, **without the debtor’s consent**, withdraw the enforcement motion in whole or in part.
> (3) The enforcement creditor may **file a new enforcement motion after withdrawal.**
Translation: the creditor can withdraw enforcement whenever they want, without your permission, and refile it the next day. And repeat indefinitely.
Why would anyone do this? Simple — every time they file, *you* have to cover the costs. Withdraw and refile means another round of costs charged to you. A clever way to inflate your debt without ever proving anything in court.
## What the Law Says About Costs
Article 14 states:
– **The debtor owes only costs that were necessary for enforcement**
– **Costs unreasonably caused to the debtor must be compensated by the creditor**
Meaning: if the creditor withdraws without valid reason (didn’t collect the debt, just playing games), you can ask the court to declare those costs **unreasonably caused** — and then the creditor has to pay them to you, not the other way around.
## How to Protect Yourself
### 1. Objection/Appeal — First Line of Defense
If enforcement is based on a **credible document** (invoice, business records extract, promissory note…) through a notary:
– File an **objection** within **8 days** of receiving the decision
– **The objection suspends enforcement** — nothing happens until the court decides
– The court will invalidate the decision and send the creditor to regular litigation
If enforcement is based on an **enforceable document** (court judgment, settlement…) through the court:
– File an **appeal** within **8 days** (or 3 days, depending on the case)
– The appeal **does not automatically suspend enforcement** — but you can request it
### 2. Demand Compensation for Unreasonable Costs
When the creditor withdraws for the third or fourth time without the debt being settled, that’s no longer “necessary for enforcement” — it’s abuse of rights.
– File a motion with the court for cost compensation (lawyer fees, court fees, lost time)
– Cite **Article 14, paragraph 4** of the Enforcement Act
– Court practice favors debtors in cases of clearly vexatious creditor behavior
### 3. Abuse of Rights — Your Hidden Ace
This is your strongest but most complex tool. Article 6 of the Enforcement Act states:
> Enforcement shall be conducted with respect for the debtor’s dignity and shall be as least unfavorable to the debtor as possible.
If the creditor is clearly abusing their rights (filing, withdrawing, refiling just to run up your costs), you can:
– Request **suspension of enforcement** due to abuse
– Ask the court to **dismiss a new motion as inadmissible** (if it’s clearly the same debt on the same basis)
– File a **lawsuit for abuse of rights** under general civil procedure rules
**Note:** courts won’t easily accept the abuse argument — you need evidence (history of filings and withdrawals, dates, suspension decisions). So:
### 4. Gather Documentation!
– Save every enforcement decision
– Save every suspension decision
– Keep a log: filing date, withdrawal date, case number
– After 3-4 rounds of the same debt → clear abuse
### 5. Statute of Limitations — Your Timer
Here’s an interesting detail. According to case law (Supreme Court Rev-274/2023), **withdrawing an enforcement motion can interrupt the statute of limitations** — but if the withdrawal was the creditor’s own action (not your payment), the limitation period may resume ticking. In other words: if the creditor withdraws and refiles just to “refresh” the debt and prevent it from expiring, that’s another argument for abuse.
Check when the debt originated and when the creditor last took action. If more than 3-5 years have passed (depending on the type of claim), the statute of limitations is your shield.
## What Can’t Be Seized?
An important reminder — they can’t take everything:
– **Salary:** if below the average net salary in Croatia, 3/4 is protected (no more than 2/3 of the average)
– **Primary residence:** for obligations arising after August 3, 2017 — cannot be seized (unless you consented or fairness requires it)
– **Real estate for debts up to €2,654.46:** cannot be seized
– **Essential items:** food, clothing, bedding, basic furniture, work tools
– **Social welfare, child allowance, disability benefits**
## Practical Steps — What to Do Now
Received an enforcement decision? Step by step:
1. **Don’t panic.** Enforcement sounds scary, but the law gives you weapons
2. **React immediately.** Deadlines are tight — 8 days for objection/appeal
3. **If you’re under bank enforcement (account blocked):** check if you’re on FINA’s register — if yes, the creditor likely went for direct collection, not court enforcement
4. **If the same creditor files for the third time on the same debt:** get a lawyer and raise the abuse issue
5. **Check the statute of limitations:** for most consumer debts, it’s 3-5 years from maturity
## Bottom Line
The Enforcement Act isn’t perfect. Yes, Article 36 lets the creditor withdraw and refile. But the law also gives you mechanisms — objection, cost recovery, dignity protection, the abuse of rights argument.
The key is: **don’t be passive.** If the creditor is playing games, record every move and show the court it’s not about collecting a debt — it’s about harassment.
Because knowledge — and a good lawyer — is worth more than a thousand withdrawn enforcement motions.
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*This is general information, not legal advice. Consult a lawyer for your specific case. Sources: Enforcement Act (NN 112/12, 93/14, 73/17), gov.hr/e-ovrhe, Supreme Court practice.*