The order for payment is one of decisions given by a court in civil matters provided for in the Code of Civil Procedure. It shall apply in registrar, prescriptive and electronic registrar proceedings. We are looking into what to draw attention to in the order for payment issued in the registrar proceedings.
Procedure for issuing the order for payment
The court shall issue a order for payment where the claimant is entitled to a cash claim or to the provision of other replacement goods, unless the court considers that:
- The claim is manifestly unfounded,
- claims about the facts raise doubts
- or the satisfaction of the claim depends on the mutual benefit.
In the order for payment given in the registrar proceedings, the court orders the defendant to do so within the time limit two weeks from the date on which the order for payment was served, he satisfied the claim in full with the costs or brought an appeal within that period. The order for payment shall be issued by the judge in the registrar’s proceedings and the power to issue such a judgment shall be exercised by the judicial referee.
Objection to the order for payment
After the order for payment has been issued, the court shall deliver it to the parties, and the defendant shall serve the order for payment with a copy of the application, with copies of the annexes to the application and with instructions on the date and manner of appeal and the consequences of its non-appeal.
In such a situation, when the defendant receives a payment order and does not agree with the merits of the claim, he cannot remain passive. In order to prevent the order for payment from being valid, the defendant must, within the time limit two weeks to bring an objection to the order for payment in the registrar proceedings.
The opposition shall be brought before the court which issued the order for payment. Objections shall be free of charge. Objections must be lodged with two copies (one for the court and a copy for the opposing party).
If the opposition has been lodged within the time limit and meets all the formal requirements, the order for payment shall expire in the part under appeal and the further proceedings shall be governed by general rules relating to proceedings before the court. first instances.
Opposition to the order for payment is the only procedural tool that effectively destroys the legal order for payment issued in reproving proceedings.
In the content of the opposition to the order for payment, all claims, allegations, requests under the penalty of the loss of the right to appoint them at a further stage of the procedure should be invoked.
This is important that the failure at this stage to bring forward all the claims justifying the rejection of the action and the evidence to support it will result in the loss of the possibility to cite them in the course of proceedings before the court. first instances, which could result in a subsequent loss of the trial.
It is worth noting that the lack of appeal by the defendant against the order for payment will cause that after the expiry of two weeks after service it will become final. In such a case, the court will be able to request the order for payment of the feasibility clause and then initiate enforcement proceedings before the bailiff.
Therefore, if you have been served with a payment order and do not agree with this decision, you must act, object!