• Proceedings
  • Civil procedure
  • Demanding procedure
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Demanding procedure

Settlement demand, along with lawsuit and arbitration, is one of the crucial procedures for settlement of a civil dispute through a court, but it remains unfamiliar to most people. The following includes a comparison of its chief characteristics with those of other common lawsuit procedures.

Inability to deliver payment order and measures taken

Upon the court’s issuance of a payment order, the attested copy of the order is delivered to the debtor.
However, if the payment order cannot be delivered for whatever reason, including the debtor’s non-residence at the address provided by the creditor, the court has the creditor correct the address within a given period. The creditor may file a request for instituting a lawsuit when it is difficult to correct the debtor’s address [The Civil procedure Act 466 (1)].

The creditor should note that the court’s payment order loses its validity if the period set for the correction of the debtor’s address expires without any measure being taken as stated in the foregoing paragraph.

If two weeks pass without the debtor raising an objection after receipt of the attested copy of the court’s payment order, the payment order is finalized and the creditor may file an application for forced execution concerning the debtor’s property. In this case, the debtor should file a lawsuit raising an objection about the payment order and apply for the suspension of the forced execution to stop the forced execution.

When raising an objection, the debtor has only to make it clear that he/she cannot comply with the payment order without having to state the reason for non-compliance.