OBJECTION TO FOLLOW-UP

As the reasons for the objection to the debt; Reasons such as the debt has never arisen, the debt has expired, the debt is not due (the payment date has not yet arrived), the same person already has a follow-up on the same debt or receivable (leisure), and the debtor, for whom a certificate of insolvency has been issued, has not acquired new property. However, in case of objection to the debt, there is no obligation to state any reason. When an objection is made, the follow-up will be stopped and no lien can be made. This objection must be annulled by filing a lawsuit in court in order for the foreclosure to be carried out. In the literature, this case is called “the action for the annulment of the objection”.

Objection to enforcement proceedings can be made by submitting the objection petition to the enforcement office, or by keeping a report at the enforcement office. The important thing is to make this objection within 7 days after the notification is received. Otherwise, even if the debtor objects to the enforcement proceeding, this objection will not result in any results.

If an objection to the enforcement proceeding is made at the authorized enforcement office, the enforcement office will not charge any fees. In other words, objection to enforcement proceedings is free of charge. However, if the objection is made in an unauthorized enforcement office and the objection is sent to the authorized enforcement office, the unauthorized enforcement office, where the objection is made, will request the postal costs from the objecting debtor.

Objection to enforcement proceedings can also be made in the form of partial objection. In other words, if the debtor admits that he has a debt, but he thinks that this debt is less than the amount written in the payment order, he will be able to object to the part of the debt that he thinks is excessive. In this case, the follow-up for the contested part is stopped. However, for the part that is not objected to, the follow-up can be continued and the foreclosure proceedings can be started.

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