Objecting to Enforcement Proceedings: Deadlines and Steps
In short
In enforcement proceedings without a court judgment, a debtor served with a payment order who objects at the enforcement office within seven days automatically suspends the proceedings (Enforcement and Bankruptcy Law Art. 62). Objecting to the signature and objecting to the debt have different consequences; if the deadline is missed the proceedings become final and attachment follows.
In an enforcement file, the outcome is usually decided not by whether you are right but by whether you met the deadline. The countdown begins the moment the payment order is served on you. This article explains how the objection period runs, what an objection achieves, and which routes remain open once the deadline has passed.
Payment order or enforcement order?
The two belong to different types of proceedings and carry different deadlines.
- A payment order is issued in proceedings without a judgment, brought by a creditor who holds no court decision. If the debtor objects, the proceedings stop.
- An enforcement order is issued in proceedings based on a judgment. Here the debtor cannot halt matters by objecting to the debt; only a stay of enforcement may be sought.
You can tell which document you have received from its heading and from the instrument relied on. Choosing the wrong route means losing the deadline.
How many days do I have?
| Type of proceedings | Deadline | Filed with |
|---|---|---|
| Ordinary proceedings without judgment | 7 days | Enforcement office |
| Negotiable instruments (cheque, promissory note, bill) | 5 days | Enforcement court |
| Eviction for rent arrears | 7 days | Enforcement office |
The period starts on the day following service of the payment order. If the last day falls on a public holiday, it ends on the next working day.
How is an objection made?
In ordinary proceedings the objection may be made to the enforcement office orally or in writing. Written objections are preferred in practice because their content and date are recorded.
The scope of the objection matters:
- Objection to the debt: to all or part of the sum. Where the objection is partial, proceedings continue for the uncontested portion.
- Objection to the signature: asserting that the signature on the instrument is not the debtor's. This must be raised separately and expressly; saying only "I owe nothing" does not amount to an objection to the signature.
- Objection to jurisdiction: asserting that the enforcement office lacks competence. This too must be raised with the others and within time.
What happens once I object?
A timely objection automatically suspends ordinary proceedings. To continue, the creditor must go to court. Two routes exist:
Lifting the objection (Art. 68): where the creditor holds one of the instruments listed in the law — a note with an acknowledged signature, or an official document — they may apply to the enforcement court within six months. This route is faster but the examination is narrow.
Annulment of the objection (Art. 67): the creditor brings an action before the general courts within one year of being notified of the objection. Here the dispute is examined on its merits and any evidence may be relied on.
If the objection turns out to be unfounded, the debtor may be ordered to pay denial compensation, which under certain conditions cannot be less than twenty per cent of the claim. An objection without substance therefore carries a cost.
I missed the deadline — what now?
Once the deadline passes, the proceedings become final and attachment follows. Three routes can still be considered:
- Late objection (Art. 65): a debtor prevented from objecting in time by an obstacle arising without their fault may apply to the enforcement court within three days of the obstacle ceasing. Illness, detention and defective service are typical examples.
- Complaint of defective service: where service did not comply with the rules, the date of actual knowledge counts as the date of service and the period runs afresh.
- Negative declaratory or restitution action: if you maintain that you are not a debtor, a negative declaratory action lies even after the proceedings are final; where payment has already been made, a restitution action lies.
What cannot be attached?
Once proceedings are final, the creditor may request attachment. Article 82 and the following provisions place certain assets beyond reach:
- Household goods essential to the life of the debtor and their family
- Tools and books needed by the debtor to carry on their profession
- Three quarters of wages (maintenance claims fall outside this limit)
- Pensions, unless the debtor consents
A claim that assets are exempt must be raised by complaint to the enforcement court within seven days of the attachment.
For creditors: measure recoverability first
Starting proceedings is only the first step towards recovering a debt. Searching the debtor's land registry, vehicle, bank and social security records beforehand also determines which route to choose. Serving attachment notices on third parties holding receivables, under Article 89, is one of the most effective recovery tools in practice.
Summary
In ordinary enforcement proceedings the period for objecting to a payment order is seven days, and five days for negotiable instruments. A timely objection automatically suspends proceedings; the creditor must then apply to lift the objection within six months or bring an annulment action within one year. Where the deadline has been missed, late objection, a complaint of defective service and a negative declaratory action remain available — each subject to further conditions.
This article is for general information only and does not constitute legal advice. Consult your lawyer regarding your specific situation.