Objection to Enforcement Proceedings

Initiation of Enforcement Proceedings

Enforcement proceedings begin when the creditor applies to the enforcement office. The application is made using a “Request for Proceedings,” which follows the relevant procedure type.

Enforcement proceedings for monetary claims are categorized into two groups depending on whether the claim is supported by a court decision:

Proceedings Based on Judgment: The claim is supported by a court decision.

Proceedings Without Judgment: The claim is not supported by a court decision.

If the claim is not based on a court decision but is supported by a negotiable instrument, the process is called “proceedings for the attachment of negotiable instruments.” If the claim is based on neither a court decision nor a negotiable instrument, it is referred to as “general attachment proceedings“. You can review our article for the validity requirements of negotiable instruments.

In addition to these types, other forms of enforcement exist. Based on the creditor’s request, the enforcement office sends a payment or enforcement order to the debtor.

Timeframe for Objection to Enforcement Proceedings

A debtor receiving an enforcement order may object to the enforcement or debt within a specified period after receiving the order.

In general attachment proceedings, the debtor must notify the enforcement office within seven days of receiving the payment order.

In negotiable instrument proceedings, objections can be raised within five days. Grounds for objection include:

The signature on the instrument is not the debtor’s,

The debt has been paid,

An extension has been granted,

The debt is time-barred, or

The enforcement office lacks jurisdiction.

These objections must be submitted to the Enforcement Court. If the debtor claims that the document is not a negotiable instrument, this must also be reported to the Enforcement Court within five days.

In court-supported enforcement proceedings, objections are not allowed. However, if the claim contradicts the court decision, a complaint can be filed with the Enforcement Court.

Late Objections

If the debtor fails to raise objections on time through no fault of their own, objections can still be submitted until the liquidation process is completed. These objections must be filed with the Enforcement Court, explaining why they were delayed. The objection should be submitted within three days after the issue is resolved.

If the payment order was not properly served, the debtor can object starting from when they became aware of the order. They should also file a complaint about the irregular service with the Enforcement Court.

Consequences of Objection to Enforcement Proceedings

In general attachment proceedings, objections filed within the prescribed period suspend the enforcement. The creditor must then file a lawsuit or request the Enforcement Court lift the objection.

In negotiable instrument proceedings, enforcement continues unless the court issues an injunction. However, no sale can take place until the objection is resolved.

If no objection is raised within the prescribed period, the enforcement proceedings become final. The creditor may then request seizure. This applies if the Enforcement Court finds the objection unjustified in negotiable instrument proceedings.

Form of Objection

Objections to the enforcement office may be made in writing or verbally, to be recorded by the enforcement office. Objections to the Enforcement Court must be submitted in writing.

Since enforcement proceedings are subject to strict procedural and time requirements, obtaining legal assistance from a lawyer during the enforcement process is crucial to prevent any loss of rights.