Tracking specific to bills of exchange is a special fast tracking method for checks, bills and policies. EBL art.167-170/b.
Advantages
- 5-day payment order
- Fast seizure
- Objection does not stop the execution (as a rule)
- Objection to the debt is narrow (reasons are limited)
- Signature objection in the enforcement court
Conditions
- Note of foreign exchange It must be in the nature of (TTK Article 776 et seq.)
- It must be due (presented in the check)
- It must be protested or withdrawn
Debtor's Objections
- Signature denial: Enforcement court, expert (5 days)
- Objection to the debt: Limited reasons (payment, exchange, statute of limitations)
- Authority objection
Result of Signature Denial
- If the denial is true: cancellation of the proceedings + 20% compensation from the creditor
- If it turns out wrong: 20% compensation from the debtor + criminal complaint
Supreme Court 12. HD
12. HD accepts that in foreign exchange tracking, it is essential that "the drawing date of the bill should be specified in the text of the bill", and that in case of deficiency, its foreign exchange nature will be lost and general foreclosure should be resorted to.
Enforcement law lawyer is recommended.