New forms for notices and objections to payment orders

Amendments to two Ministry of Justice ordinances, published in the State Gazette on 03.08.2018, approved forms for notices and for an objection that a debtor may lodge against a payment order after paying in full or in part. The instruments amended were Ordinance No. 6 of 2008 approving the forms for payment orders, applications for payment orders and other documents in payment order proceedings, and Ordinance No. 7 of 2008 approving forms for documents relating to service under the Code of Civil Procedure. Both required amendment following changes to the Code that took effect on 27.10.2017.

One change introduced Article 414a of the Code. It allowed a debtor who had paid in full or in part within the period for voluntary payment to object to the order in writing. Evidence of performance had to accompany the objection, with a copy for the applicant. Under Article 414a a debtor whose conduct had given the creditor no reason to pursue the claim could also object to liability for the costs of the proceedings. The objection and its attachments were to be sent to the applicant, explaining that the applicant could respond within three days and stating the consequences of failing to respond.

By the time of publication, forms for the objection and the notice of its receipt were available. Lawyers practising in this field throughout the country were already familiar with them.

Amended Article 415 provided for two further cases in which the court tells the applicant that it may bring an action on the claim: where the order was served on the debtor under Article 47(5), and where the court refused to issue an order. In the service scenario described, the defendant cannot be found at the address on file for one month. The process server affixes a notice to the door or letterbox stating that the papers have been left at the court registry and may be collected there within two weeks. Service is deemed effected when that period expires.

Another change requiring revised forms was the amendment of Article 410(2) and the insertion of Article 412, point 7. These required applicants for payment orders to specify how payment was to be made: into a bank account or by another means.

The new application forms provided a separate space for this information. The creditor was instructed to indicate the bank and the IBAN or other relevant account code for transfer of the sum awarded, or another suitable way of paying that sum.

The amendments published in the State Gazette on 03.08.2018 also included a form for the court to notify the creditor that the debtor had been served under Article 47(5). Other forms covered notice of refusal to issue a payment order and notice that enforcement proceedings had been opened.

This article is not a legal opinion or legal advice about any particular person or situation. For assistance with a specific case, consult a civil lawyer if the case concerns payment order proceedings.