Objection

What is an objection in the judicial dunning process?

An objection in the judicial dunning process is the debtor’s official declaration that they do not agree with the claim. This stops the process, preventing a default judgment from being issued.

The judicial dunning process serves as a simplified method for enforcing outstanding claims without requiring a complex court case. If the debtor has doubts about the claim, they can file an objection within a specific period. This informs the court and the creditor that they do not intend to pay without further review.

Key features of an objection:

• It prevents the automatic continuation of the judicial dunning process.

• No justification is required.

• The creditor can then decide whether to pursue the claim in court.

When can an objection to a dunning notice be filed?

An objection can be filed as soon as the dunning notice is delivered. There is a legal deadline: the debtor has two weeks to submit the objection to the competent court.

The deadline starts on the day the dunning notice is officially served. Within this period, the debtor can object without providing a reason. If the deadline is missed, the creditor can apply for a default judgment.

Important points regarding the deadline:

• An objection can only be filed within two weeks of delivery.

• The deadline begins on the day the dunning notice is served.

• If the deadline is missed, the process may continue.

How can an objection to a dunning notice be filed?

An objection must be submitted in writing to the court that issued the dunning notice, not to the creditor. An official form is included with the dunning notice, which the debtor must complete, sign, and return to the court within the deadline.

Alternatively, the objection can be filed informally. In this case, the letter must include the following details:

• Case reference number of the dunning notice

• Name and address of the debtor

• A statement that the dunning notice is being objected to

• Date and signature

The objection can be sent by mail or fax to the responsible court. Electronic submission is only possible if the court provides an appropriate system for it.

Where can an objection be filed?

An objection to a dunning notice must be submitted to the court that issued the dunning notice. The address of the relevant court is listed on the document.

It can be submitted using the following methods:

• By mail: The signed form or a written statement is sent by post to the court.

• By fax: The objection can also be submitted by fax, provided the court accepts this method.

• Electronically: Some courts allow objections to be filed via the electronic court and administration mailbox (EGVP) or other digital platforms.

It is important that the objection arrives at the court within the deadline. Sending it by email is usually not sufficient.

What happens after an objection is filed?

If a debtor objects to a dunning notice, the judicial dunning process is paused, but this does not automatically cancel the claim. This means that the court will not issue a default judgment, and the creditor cannot immediately enforce the claim.

The court notifies the creditor about the objection. The creditor then has two options:

1. They take no further action.

If the creditor decides not to pursue the claim, nothing further happens. The process is over, and the debtor does not have to pay.

2. They file a lawsuit.

If the creditor still wants to enforce the claim, they can file a lawsuit with the competent civil court within two weeks. The case will then go to trial, where both parties must present their arguments and evidence. The court will decide whether the claim is valid.

What is the difference between an objection and an opposition?

The objection and the opposition are two different legal remedies in the judicial dunning process that are often confused.

Objection

An objection is filed against the dunning notice. If a debtor does not recognize the claim, they can file an objection within two weeks of receiving the notice. This stops the judicial dunning process, and the creditor must decide whether to proceed with a lawsuit.

Key features of an objection:

• Refers to the dunning notice.

• Must be filed within two weeks.

• Stops the proceedings, preventing a default judgment.

• The creditor can decide whether to take legal action.

Opposition

An opposition is only relevant if the debtor does not object to the dunning notice and the creditor obtains a default judgment. In this case, the debtor can file an appeal within two weeks of receiving the default judgment. This leads to a full legal process, where both parties must present their case in court.

Key features of an appeal:

• Refers to the default judgment.

• Must also be filed within two weeks.

• Automatically results in a court trial—the creditor no longer has a choice.

What does filing an objection cost?

Filing an objection to a dunning notice is free of charge. There are no court fees, and no justification is required.

However, indirect costs may arise if the case proceeds to trial. If the creditor decides to sue, the debtor may have to deal with the following costs:

Possible costs after an objection:

• Court fees

• Attorney fees

• Interest and late fees

Do you need a lawyer? That depends on the amount in dispute!

• Up to an amount in dispute of €5,000: You can represent yourself before the local court - a lawyer is not absolutely necessary.

• Over €5,000 amount in dispute: You will need a lawyer at the district court - both sides are obliged to hire a lawyer.

The creditor generally advances the court fees when filing a lawsuit. If a lawyer is hired, each party initially pays their own legal fees. The final court decision determines who must cover the total costs. Usually, the losing party pays both sides' legal and court fees.

What happens if no objection is filed?

If no objection is filed within the two-week deadline, the creditor can apply for a default judgment.

A default judgment is a court decision that allows the creditor to enforce the claim. This means they can take measures such as wage garnishment, bank account seizure, or property foreclosure to collect the debt.

Consequences of not filing an objection:

• The creditor can request a default judgment.

• The debtor can still file an appeal within two weeks of receiving the default judgment.

• If no appeal is filed, the judgment becomes legally binding and enforceable.

• The creditor can initiate enforcement actions.

If the debtor does not contest the default judgment, the creditor gains a legally enforceable title, which is valid for 30 years.