Filing a lawsuit is often the last chance for the creditor to recover money from the debtor. Usually, in the beginning, he sends only a request for payment. However, if the debtor ignores them, the creditor has no more options than to go to court to obtain a payment order.
Unfortunately, however, there are errors in such orders. If you have received an order for repayment of a loan or payday loan which you do not agree with, you have the right to object to it.
Order to pay the loan – what is it?
An order for payment is a court order issued at the request of a creditor who requests a refund of borrowed funds. Such a judgment is issued in-camera, which means that neither the debtor nor the creditor needs to appear in court in this case.
In practice, this means that court orders are issued without examining evidence or interviewing witnesses. The court only considers documents provided by the creditor. Payment orders may be issued in matters arising from commercial law, labor law and civil law.
It is the latter that regulates loans granted by loan companies. So if you have not been paying off your debt for a long time and you do not respond to requests for payment sent by your creditor, you must be aware that sooner or later you may receive a court order to pay the loan.
The court may issue an order for payment in two ways: in a writ or writ procedure. In each of these cases, it is possible to appeal against the court’s decision. However, the opposition procedure is not the same. Along with the document, you receive instructions on the measures you can take to appeal the order.
Order to pay the loan and legal force
The order for payment becomes effective only after two weeks have elapsed since it was delivered to the debtor. This is the time when you can object to a court decision. However, if you fail to do so, the order will have the same force as a court order. Additionally provided with an enforcement clause, it will allow the creditor to commence bailiff enforcement.
Opposition to an order for payment – when to write it?
You should write an objection to a payment order if you do not agree with the content of the order and can explain why. In what situations should you definitely do it?
- When you received an order to pay funds that you did not borrow.
- When the amount to be paid in the order does not match the one you owe.
- When the order says that you must pay the amount you have already paid back.
You can also write an objection if you want to postpone the obligation to pay the commission, but you must remember that you will have to pay a court fee for submitting it.
How do you write an objection to a payment order?
Initially, it may seem difficult to write an objection to a payment order, especially if you have not dealt with court letters before. First of all, you must remember to stick to specific guidelines so that the opposition is not rejected for formal reasons. What are the rules?
1. An objection to a payment order should be written in the same form in which the payment order was issued, i.e. in a paper or online version. If it is to be a paper order, it is better if you prepare it on a special form, thanks to which the court will definitely accept your opposition to the order. A sample form can be found online or in court.
2. The letter must include:
- Court reference
- details of the parties to the dispute,
- headline specifying the title of the letter,
- Act signature,
- warp the application, statements, and evidence to support your arguments,
- Website signature
- enumeration of attachments that were added to the letter.
3. The letter and its attachments must be submitted in at least two copies. One of them is for the court, the other for the plaintiff, i.e. your creditor.
How do you write an objection to a payment order in terms of content?
In addition to providing basic data, it is necessary to precisely specify the scope of the opposition and its justification. The content must be entered in the appropriate boxes on the form.
- Box 6. – Scope of appeal against the order or judgment by default
Here you must specify whether you disagree with the entire order or only part of it. In the first case, you challenge the order in full, while in the second part. You should cross out an unnecessary option on the form. Which version should you choose? You object in full to your objection, for example, when it comes from a loan you didn’t take out at all; in part, for example, if you just disagree about the amount you have to pay back.
- Box 7. – Allegations and conclusions of the defendant
This heading is where you should indicate the allegations and conclusions. Then you justify them in box 9. This element is very important because properly selected charges increase the chance that you will receive a positive response to the opposition from the order for payment.
What accusations can you cite?
There are a number of complaints that you can use in your complaint. The charges are nothing more than the reasons why you do not agree with the court’s decision. Which accusations are most often made in opposition to the order?
- Allegation of limitation of the claim – you can rely on it if, according to the law, the debt has expired and a certain period of time has elapsed, during which the creditor may demand payment of the obligation.
- Alleged malpractice – you can use this allegation if the case is not pending in the court competent for your place of residence.
- Allegation of the non-existence of a claim – you can use this charge if you disagree with the actual case itself, for example, the order concerns a loan that you did not take out at all.
- Complaint – you can use this if you have actually taken out a loan but you have already repaid it.
Box 8 is also a suitable place to enter applications that you submit to a court. What can this application be?
- An application for an exemption from court fees – useful, especially if your financial situation is not the most favorable.
- Application for consideration of a case in the absence of the defendant – so that you do not have to appear in court in relation to the case under consideration.
- A request to address a question to an institution – for example, so that the court can obtain documents that you do not have access to.
Opposition to an order for payment in writ proceedings – what does it mean?
The creditor may assert his rights in the writ of warrant and writ proceedings. Most often, however, it does so as part of the first option. As a defendant in such a situation, you receive an order for payment in writ proceedings and the opposition must meet the requirements of just such proceedings.
Creditors choose this form of redress mainly because it does not require the submission of strong evidence of the existence of a debt. Usually, an invoice alternative document is sufficient. You should oppose the payment order in the writ proceedings within fourteen days of receipt of the order in accordance with the guidelines described.