• Proceedings
  • Civil Procedure
  • Demanding Procedure
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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:

Failure of Service of Payment Order

Upon the court's issuance of a payment order, the original copy of the payment order shall be served on the debtor. However, if the original copy of the payment order could not be served for whatever reason, including the debtor's non-residence at the address provided by the creditor, the court may have the creditor to correct the address within a certain adjustment period. Also, if the correction of the address is difficult, the creditor may file a request for instituting a lawsuit pursuant to Article 466(1) of the Civil Procedure Act.

If the creditor provides another address, a service will be made to the new address. In the case where a request for instituting a lawsuit is filed (with the payment of the revenue stamp amount and the service fee), it progresses as an ordinary litigation procedure and the trial proceeds as if the lawsuit had been filed ab initio. It should be noted that if the creditor does not make foregoing measures and allows the adjustment period to lapse, the application for payment order will be dismissed.

If the debtor fails to raise an objection within two weeks from the date of service of the original copy of the payment order, the payment order will be finalized and the creditor may apply for involuntary enforcement against the debtor’s assets. In this case, it should be noted that the debtor may face procedural burdens of having to file a lawsuit against the creditor while simultaneously having to file an application to suspend involuntary enforcement.

Therefore, when debtor is served with the original copy of the payment order, he/she should quickly and sufficiently review the contents and decide whether to comply with it or not. If he/she intends not to comply, an objection must be filed without delay within 2 weeks. In the objection, the debtor only needs to clearly state that he/she will not comply with the payment order, without specifically setting forth the reasons therefor.