Finalization of the Debt in Non-execution Proceedings
In an execution proceeding without judgment initiated by way of general attachment, if the debtor notifies his/her objections to the payment order sent to him/her by the enforcement office within 7 days, the execution proceeding shall be suspended. If no objection is made within the objection period, the payment order and the enforcement proceedings become final.
The person who receives the payment order may object to the payment order if he/she thinks that he/she does not have such a debt or has paid the debt subject to the proceeding. In the execution proceedings without judgment initiated by way of general attachment, the objection to the payment order is made to the enforcement directorate that sent the payment order. However, if the debtor is in a place other than the place where the proceeding was initiated, the proceeding may also be objected to through another enforcement office. In this case, the debtor goes to the nearest enforcement office and submits the objection petition to the enforcement office on duty and the objection document is sent to the enforcement office to which it belongs by the enforcement office on duty.
In the same petition submitted to the enforcement office, both the enforcement office’s lack of authorization and the debt subject to enforcement proceedings can be objected. If, in addition to the objection to the debt, the place where the enforcement proceeding is carried out is also to be objected, the objection to jurisdiction must be made together with the objection to the debt.
The rightfulness or wrongfulness of the debtor is not investigated in the objection to the debt in the execution proceeding without judgment initiated by way of general attachment. The enforcement proceeding stops with the objection. In order to eliminate the objection of the debtor and continue the enforcement proceedings for the collection of its receivables, the creditor must file a lawsuit for the removal of the objection within six months at the Enforcement Court or for the cancellation of the objection within one year at the general courts. This period starts with the notification of the debt objection petition to the creditor.
Finalization Period for Execution Proceedings
Unlike an execution proceeding, an objection cannot be raised against a receivable that is subject to execution. The debtor may request the suspension of execution by applying to the enforcement court within 7 days from the notification of the enforcement order for reasons such as “payment of the debt, postponement of the debt, the receivable has expired” under certain conditions. Unlike the objection, the execution does not automatically stop with the request for suspension. If payment, postponement, statute of limitations have occurred after the notification of the enforcement order, the request for suspension does not depend on the time limit. Unlike the proceedings without execution, a court decision is required to stop the proceedings.
Finalization Period for the Proceedings Specific to Bills of Exchange
The debtor may object to the debt, authorization and signature within 5 days from the date of notification of the payment order, but the objection to the signature must be made explicitly and separately, unlike the other objections, otherwise there will be no valid objection to the signature.
In addition to the 5-day objection period starting from the notification of the payment order, the debtor has a 10-day payment period starting from the notification of the payment order. If the debtor fails to pay the debt and the costs of the proceedings within 10 days from the notification of the payment order, the creditor may request the attachment of the debtor’s property.
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