In enforcement proceedings without a judgment, a creditor can start proceedings without a court decision. The debtor is then served with a payment order, and the main tool against it is the right to object.
When does the period start?
Under Article 62 of the Enforcement and Bankruptcy Law, the debtor may object within seven days of being served the payment order. The objection is made to the enforcement office, in writing or orally, and no reasons need to be given.
For proceedings based on negotiable instruments (cheques, promissory notes, bills of exchange), the period to object to the debt or the signature is five days. This difference matters.
What happens after an objection?
A timely objection stops the proceedings. To continue, the creditor must either file an action for annulment of the objection before the civil courts, or, depending on the documents held, ask the enforcement court to remove the objection.
The action for annulment can be brought within one year of the objection being served on the creditor; a request to remove the objection within six months.
Is there a cost to an unjustified objection?
Yes. If the objection is found unjustified in an annulment action, the court may award the creditor denial-of-enforcement compensation of no less than twenty percent of the claim. The decision to object should therefore rest on whether the debt really exists.
Articles are for general information only; always consult a lawyer about your specific situation.
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