Default summons

The creditor applies to the Debt Enforcement Office to initiate debt enforcement proceedings. The Debt Enforcement Officer issues a payment summons or default summons to the debtor. The deadline for payment is one month for pledged chattels and six months for real estate. The debtor can file an objection against the default summons (Rechtsvorschlag) within ten days.

Note I:

A payment summons is also issued to other parties claiming rights to the collateral.

Note II:

Where the collateral is real estate that has been let the creditor can request that the rent is included in the enforcement proceedings. In this case the Enforcement Officer notifies the tenants and directs them to pay the rent to the enforcement office.

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