Execution proceedings without judgment are proceedings initiated for certain receivables (money, guarantee) without a court decision. EBL Article 58 et seq.
Types of Proceedings
- Through general seizure (Art.58)
- Specific for bills of exchange (Art.167)
- Evacuation of rented immovable properties (Art.269)
- Converting the lien into cash (art.145)
Process
- Credee's request for follow-up to the enforcement office
- Notification of payment order to the debtor
- Debtor's right to object within 7 days
- No objection → becomes final, seizure begins
- Objectioned → creditor cancellation of objection lawsuit (court)
Case for Cancellation of Objection
- Civil Court of First Instance
- Must be filed within 1 year (EBL art. 67)
- If the case is won, 20% denial compensation
Removal of Objection
Removal of objection in receivables based on promissory notes. case in the enforcement court, faster (EBL article 68).
Supreme Court 12. HD
12. HD states that the creditor has the right to choose between the cancellation of the objection and the removal of the objection, but the removal method is faster if the bill is qualified (without signature denial).
Manage the follow-up process with an enforcement law lawyer.