Objection to a payment order

Entities authorized to lodge an objection

The defendant is entitled to lodge an objection. The defendant is served not only with the payment order, but also with the statement of claim and instructions on how to lodge an objection and the consequences of failing to appeal against the order.

Grounds for filing an objection

A letter containing an objection must be submitted to the court that issued the payment order, and in the case of an order issued by a court clerk - to the court before which the action was brought.

Formal requirements for objection

The objection must be filed with the court that issued the payment order and, in the case of an order issued by a court clerk, with the court before which the action was brought. It should specify whether the order is being appealed in whole or in part.

Court fees for objection

Objection to a payment order in writ proceedings if it is not subject to a fee. However, if an objection is filed, the defendant and if the claim is allowed, the defendant will be forced to refund the entire claim fee, and not 25% of the fee if he had refrained from filing an objection.

Decisions after filing an objection

If the objection is properly filed, the payment order loses its validity, and the presiding judge schedules a hearing and orders that the objection be delivered to the plaintiff together with a summons to the hearing.

Rejection of the objection

The court rejects an objection filed after the expiry of the deadline or if it is inadmissible for other reasons or whose deficiencies were not remedied by the defendant within the deadline.

Loss of power

If the objection is properly filed, the payment order loses its validity, and the presiding judge schedules a hearing and orders that the objection be delivered to the plaintiff together with a summons to the hearing.