Have you received a notice that you owe a debt and do you think that the debt has no legal basis? Don’t worry, you have the right to object to enforcement proceedings without judgment! In this blog post, we will discuss in detail what enforcement proceedings without judgment are, when and how you can object, and what you should pay attention to in this process.
What is Execution Proceedings without Judgment?
Enforcement proceedings without judgment is a method of prosecution initiated by the creditor without any court decision or judgment, by simply applying to the enforcement office. The creditor applies to the enforcement office stating the amount he claims to be owed and the interest, if any. After reviewing the documents submitted by the creditor, the enforcement office notifies the debtor with a payment order.
When can an objection be made?
The debtor may object to the enforcement office in writing or verbally within 7 days from the notification of the payment order. If there is no objection within this period, the creditor may resort to legal proceedings such as seizure and sale.
How to Object?
The objection must be made by submitting an objection petition to the enforcement office. In the petition, you must clearly state your grounds for objection, such as that you do not have a debt, that the amount or maturity of the debt is incorrect, or that you have a receivable against the creditor. Do not forget to add your evidence, if any, to the petition.
What Should Be Included in the Objection Petition?
Enforcement file number
Identity information of the parties
Amount and maturity of the receivable subject to objection
Grounds for objection
Evidence (if any)
Signature of the debtor or his representative
What Happens at the End of the Objection?
The enforcement office makes its decision after reviewing your objection petition. If your objection is accepted, the enforcement proceedings will be stopped and the creditor will have to file a lawsuit in the general court. If your objection is rejected, enforcement proceedings will continue.
Things to pay attention:
It is important that you object until the end of the objection period. If no objection is made within the period, your debt will be considered legal and you may face legal sanctions.
Be careful to write your objection petition in detail and clearly. In the petition, clearly stating your grounds for objection and presenting your evidence, if any, may ensure that the decision is in your favor.
It would be beneficial to consult a lawyer to be informed about your legal rights during the objection process.
