In order for the creditor to obtain the judgment quickly, it is worth applying writ proceedings. It lasts much shorter than usual – sometimes only a few weeks. However, it should be remembered that in both cases there is a period in which an objection to the order for payment may be submitted, and it is 14 business days. The document must be sent by registered mail or submitted in person to the court.
Electronic writ of payment proceedings in fact, it is slightly different from the classical procedure – it is only conducted in a different form. The purpose of the EPU is to ease the burden on common courts. In this way, less complicated cases are resolved, which do not require evidence proceedings and do not require the parties to appear at the hearing. Thanks to the EPU, it is possible to recover debts much faster and more effectively.
In addition, it should be remembered that the writ of payment only covers cases initiated by the claimant’s application. However, the court may not issue an order for payment in some cases, because the most important thing is the merits of the claim. The Office should also have no doubts as to the facts provided by the claimant. Additionally, the satisfaction of the claim should never depend on consideration.
Before referring the case, it is necessary to determine the local and substantive jurisdiction. The relevant court is a district or regional office. In this case, it is the subject of the case himself that decides about the factual jurisdiction. On the other hand, the locally competent court is the institution which examines a given application due to its territorial scope. It may therefore be the nearest building of the authority located in the vicinity of the plaintiff’s place of residence.
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What is an injunction procedure?
Opposition to an order for payment – what is it?
Objection to the payment order aims to provide legal protection of pecuniary and material claims pursued in the writ proceedings (ordinary, electronic European order for payment order). Such an order is issued primarily in civil, economic and labor law cases. Usually, it is only through this document that the defendant learns that there have been proceedings against him. The plaintiff is not entitled to object, but he may file a complaint against the decision of the court referendary.
An objection to the order for payment is filed by the debtor within two weeks of receiving the notification. Instead, the defendant has the opportunity to pay all claims and costs within the same time limit. If the objection does not reach the court, there is a chance that the deadline will be reinstated. In order for this to happen, however, certain criteria provided for in the Code of Civil Procedure must be met.
Revocation of the order for payment in writ proceedings – when does it take place?
The order for payment is revoked in the writ proceedings in several cases. The first one takes into account the possibility that the place of residence or residence of the defendant may not be known or that the existing situation does not allow the order to be served on the territory of the state. The second, on the other hand, states that it is necessary if, at the time of submitting the claim, the debtor did not have judicial capacity or no body to represent him has been appointed.
The first situation allows the official to revoke the order for payment and adjourn the hearing or send it to a public hearing. The chairman must also issue an appropriate order. In the second case, however, after the order for payment is revoked, an appropriate order is issued, the content of which determines whether the application has been rejected or the proceedings are suspended.
Immediate maintenance – what are the conditions for granting this benefit?
Objection to the payment order – how to write?
Objection to the payment order must meet the general conditions for a pleading. The defendant should also specify whether he is challenging it in its entirety or whether it wishes to bring forward only partial allegations. The content should include evidence of your argument and justify it accordingly. If the application is not filed electronically, the objection must be submitted in the form of an official form.
Payment order loses its effect with the filing of the objection. In such a situation, the chairman is obliged to set a date for the hearing, as well as order the delivery of the objection documents together with the summons to the plaintiff. It should be remembered, however, that if only one of the defendants – the co-defendant – reported objection to the payment orderit means that the lawsuit loses its validity in relation to this debtor.
Where an application is partially contested, the case is very similar. The cessation of power only covers a specific part, but remains in force as an enforceable title. It can therefore be seen how much depends on the correct identification of the passage covered by the opposition.
Payment order objection rejection – what next?
Objection to the payment order sometimes it gets rejected. This is the case, for example, when the application is submitted after the expiry of the deadline specified in the act. The document may not be admitted also for other reasons. One of them is the lack of changes and corrections, if the time has been set for the introduction of error corrections.
There are also situations where the objection is inadmissible. An example may be the circumstance in which the order was not issued at all or should be considered as a non-existent judgment. In addition, this category includes the submission of an application by an unauthorized person. On the other hand, when the document does not meet the formal requirements, the defendant is requested to introduce changes within the time limit set by the chairman. There is no complaint against the failure to introduce changes.
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