Opposition to a loan order – when can it be written?
Failure to pay the loan, whether committed or not, will sooner or later lead to the creditor taking stronger action. If attempts to enforce payment have already reached the stage of field debt recovery, it should be expected that the payment order may soon reach us, which for many will be the first signal informing about the seriousness of the consequences of non-repayment. What to do if you get one and whether opposing the order for payment can have real effects?
What is the legal force of a loan order?
Ineffective debt enforcement usually goes to the e-Court, which largely deals with debt cases, including those arising in the private field. However, the e-Court only conducts writ of remuneration, and additionally deals with a huge number of cases every day.
Therefore, he deals only with simple and low-complex cases in which there is no need for detailed consideration of evidence. When setting up a case in an e-Court, the creditor must briefly describe the case and exchange evidence in its favor (e.g. loan agreement, request for payment), but does not have to attach it to the case.
Therefore, the e-Court will not always have a real view of the situation, which is not surprising given that it has arguments of only one party to the dispute. Therefore, usually such a case ends badly for the debtor, which is why the law provides for the possibility of the debtor to respond to the order by means of an objection, in which he will present and argue his position in this case. Opposition will lead to regular court hearing.
How do you write an objection to a payment order?
The effectiveness of an objection depends not only on the validity of the reasons, but also on the formal side of the letter. Therefore, it will be necessary to acquire basic knowledge about how the letter should look, when to submit it and how to argue your attitude. Of course, the opposition should also have a proper formal side. In this case, it is good to use the ready form, which is available in the Ministry of Justice’s public information bulletin.
The debtor has time for this within 14 days of receiving the order for payment and should do so in the form of a letter (preferably by registered mail with acknowledgment of receipt) in two copies – for the court and for the creditor. Filing an objection is not paid, and the debtor will only have to bear the shipping costs.
For the court, because it is he who examines the objections, the most important thing will, of course, be the appropriate justification of the objection, provided that the requirement to submit the objection within a reasonable time has been respected.
How effective is the opposition?
Opposition will cancel the order for payment and direct him to the procedure in the general court. The debtor will be able to present his situation there and list the reasons why he has not repaid the loan. Moreover, in general court proceedings, the creditor must already refer to specific evidence and present in a material form those which he mentioned in his application to the e-Court. If he fails to do so within seven days, the court may discontinue the proceedings until he has collected all the required documents.
Opposition will be considered valid only in cases where the debt was not caused by the alleged fault, mentioned in the documents of the borrower, or the amount of this debt was calculated incorrectly and even illegally. Therefore, it can be submitted by any borrower who does not agree with the costs charged, e.g. for debt collection or other excessive penalties.
Chance of successful opposition will also have those whose debt has already expired. Unfortunately, some not very honest debt collection companies take advantage of ignorance of the law of average citizens and demand repayment of debt that is not yet repayable. Of course, the law does not prohibit the voluntary repayment of time-barred debt, so debt collectors often try to rely on the fact that the debtor does not have adequate knowledge and will pay with fear, although he does not have to. For this reason, it is good to know your rights – read about the limitation period in the article “Limitation of payday loans – what do you need to know?”
Unfortunately, most debts are most often the fault of borrowers or unforeseen fortuitous events that prevented repayment. Even if the debtor finds himself in such a situation due to faultless adversity, the court will not accept the opposition to the payment order if the debt is perfectly legitimate from the creditor’s point of view. However, raising an objection will help you get the time it takes to prepare for repayment and accumulate at least some of the cash required. Expectations for a trial in the general court are at least a few months, so the debtor gains a postponement during the court hearing and bailiff’s execution.