Proceedings
Demanding Procedure
Along with litigation and mediation procedures, the demanding procedure is one of the most crucial procedures for a settlement of a civil dispute through court resolution mechanisms in the courts. The characteristics of the demanding procedure, in comparison with common litigation procedures, are as follows:
- 01. Merits of Demanding Procedure
- 02. Procedure for Payment Order
- 03. Failure of Service of Payment Order
- 04. Objection to Payment Order
Procedure for Payment Order
The payment order procedure is a convenient system that allows the creditor to settle a civil dispute promptly and at a lower cost, without having to appear before the court. But if the opposing party files an objection to the court's payment order, it then moves to the lawsuit procedure. So it acts as a temporary dispute resolution procedure.
For example, a person acknowledges the fact that he/she borrowed money from you but delays in paying you back, the payment order procedure could provide fast and economic dispute resolution. However, if the other party asserts that he has no recollection of borrowing any money from you or claims that he has repaid the money, it may be more desirable to use mediation or file a lawsuit because even if a payment order is requested, the debtor would file an objection.
The payment order is available for all types of lawsuits. Claims can only be made to receive a certain amount of money or other fungibles or securities. But claims concerning the transfer of ownership of a building or land cannot be made. Also, it has to be a payment that is currently due and has to be paid back immediately.