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.

The plaintiff is not obliged to pay an office fee for a copy of the payment order issued in writ-of-payment proceedings if he or she submits an application for an enforcement clause to be given to the order, attaching to the application a copy of the order previously delivered to him and suitable for use (III CZP 44/73). If the payment order cannot be served, the court shall ex officio revoke the payment order and the presiding judge shall take appropriate actions.

If, after issuing the payment order, it turns out that the defendant, at the time of filing the lawsuit, did not have judicial capacity, procedural capacity or the body appointed to represent him, and these deficiencies were not removed within the prescribed period in accordance with the provisions of the Code, the court shall ex officio revoke the payment order. and issues an appropriate decision