Objecting to a Payment Order
The stages a debtor follows to object to a payment order in an enforcement proceeding without a court judgment.
Stages of the Process
Service of the Payment Order
The enforcement office serves the debtor with the payment order relating to the proceeding initiated by the creditor.
Objection
The debtor may object to the debt in whole or in part, or to the signature.
Must be filed with the enforcement office within seven days of service.
Suspension of the Proceeding
An objection filed within the deadline automatically suspends the proceeding.
The Creditor's Response
The creditor may apply to the enforcement court to remove the objection, or to the general courts for an action to set it aside.
An action to set aside the objection must be filed within one year of the objection being served.
Outcome
If the objection is found unjustified, the proceeding resumes; if justified, it ends.
The time periods noted are statutory maximums; the overall duration of a process can vary depending on court workload, and these periods are not a guarantee.
Required Documents
- Payment order notice
- Payment or discharge documents, if any
- The underlying contract or instrument
Common Mistakes
- Missing the seven-day objection deadline
- Confusing an objection to the signature with an objection to the debt
- Failing to monitor the process after objecting