In an enforcement proceeding without a judgment, the debtor is served with a payment order. This is not an ordinary letter: unless an objection is filed within seven days of service, the proceeding becomes final and the creditor may move to attachment. The period runs from the date of service and must be tracked carefully even when it falls on a weekend or public holiday.
How to object
The objection is filed with the enforcement office that issued the payment order, in writing or orally for the record. It may cover the whole debt or part of it; in a partial objection the disputed amount must be stated clearly, otherwise the objection is treated as not made at all. An objection to the signature must be raised separately and explicitly.
Effect of the objection
- Lifting the objection: if the claim rests on a document of the kind listed in the Enforcement and Bankruptcy Act, the creditor may ask the enforcement court to lift the objection within six months.
- Action to annul the objection: the creditor may bring an action before the ordinary court within one year. If the debtor loses, compensation of no less than twenty percent of the claim may be awarded.
What if the debtor missed the deadline?
If the seven days have passed, the proceeding becomes final. If the debt does not exist or has been paid, a negative declaratory action and, where the conditions are met, a late objection may still be considered. Once the proceeding is final, the debtor must also declare their assets within seven days.
The periods triggered by service of a payment order are short and cannot be recovered. When a payment order reaches you, the decision whether to object should be made with a lawyer and before the deadline.