Objections against default summons

If the debtor objects to the default summons, the creditor can proceed in two ways:

  • The creditor can have the objection of the debtor set aside in a simple procedure, if he has a title to his claim.
    • This can either be a document signed by the debtor wherein the debtor recognizes the claim, e.g. a promissory note.
    • Or it can be a court decision against the debtor awarding the creditor with a specified sum.
  • If the creditor is not in possession of a promissory note or a court decision awarding him with a specified sum, he has to initiate legal action against the debtor to obtain such a court award. This court can also set aside the objection.

Note:

The creditor has to proceed within ten days or the notice to the tenants of real estate is revoked, rendering the rent unavailable to execution.

Print / Share: