PETITION TO OBJECT TO DEBT

Execution proceedings can be defined as the legal process initiated by creditors who cannot collect their debts through enforcement offices against debtors. Execution proceedings are conducted based on or without a court judgment. Execution based on a court judgment can be based on negotiable instruments, or it can be based on seizure for other reasons. Execution without a court judgment allows the creditor to initiate proceedings against the debtor even if they do not possess any negotiable instrument or contract.

To initiate debt collection proceedings, the creditor only needs to contact the debt collection office to find out which office is responsible for the enforcement proceedings. Debt collection lawyers, within their annual quotas, can only complete this process once a year and work with the same office throughout the year. Following this, the process can be initiated with a request for enforcement signed by the creditor.

A petition of objection to debt is a type of petition submitted by the debtor to the enforcement office to object to the payment order sent to them, stating their reasons for objection. With this petition, the debtor aims to halt the enforcement proceedings initiated against them. Within 7 days of the payment order being served on the debtor, the debtor may object to the debt, interest, jurisdiction, and (if applicable) the signature on the supporting document. If an objection is filed, the enforcement proceedings are suspended.

After the 7-day objection period granted to the debtor expires, the enforcement proceedings become final. The enforcement order is a document stating that the unpaid debt will be collected by force. The enforcement order can be the final step before the seizure of movable/immovable property or rights. In this sense, legal support is essential to defend rights before the process concludes. If no objection is raised to the enforcement proceedings, the debtor's movable and immovable property and other rights will be seized in response to the finalized enforcement proceedings.

For more information on this matter, you can contact our firm's experienced enforcement lawyers.