When the debtor objects to the execution proceeding without a judgment based on the promissory note, the creditor may continue the proceedings by filing a lawsuit to remove the objection. EBL art.68/a.
Conditions
- There must be a promissory note (ordinary promissory note, written document)
- The promissory note must bear the signature of the debtor
- The objection must be "signature denial" or "objection to the debt"
Process
- To the enforcement court within 6 months from the objection
- Deed examination
- If there is a signature denial, expert witness
- Decision (revoked/rejected)
Result of Removal of Objection
- Continuation from where it left off
- Debtor 20% compensation
- Trial expense to the debtor
If rejected
- The creditor may file annulment of objection case (1 year)
- Civil court of first instance
Supreme Court 12. HD
12. HD adopts that "clear and definitive evidence" will be sought in the case of removal of objection, rejection will be decided in doubtful cases and the creditor may file a collection lawsuit.
Enforcement law attorney is recommended.