Regardless of the fact that the creditor has initiated a debt collection process, the debtor may still protect his rights if he considers that his debt doesn't exist and that there is no obligation to pay the same.
The debtor may file an objection against the writ of execution based on a trustworthy document (invoices, excerpts from business books and similar) within the period of eight days after receipt of the writ. The objection shall be submitted to the notary public who issued the writ of execution, and who then forwards the case to the competent court in order to render a decision.
If an untimely, unpermitted or unexplained objection against the writ of execution was submitted, the court shall pass the ruling on dismissal of such objection, without asking the debtor to supplement or correct it.
If a timely, permitted and explained objection against the writ of execution was submitted, the procedure shall be continued as a litigation proceeding in front of a court where both parties prove their allegations in order to succeed in the proceeding.
The writ of execution can be contested in its entirety, only in the part ordering enforcement or in the part instructing the debtor to settle the claim. In this regard, it is important to point out that, in addition to the fact that in the objection the debtor is obliged to determine in which part the decision is contested, it would be necessary to indicate the reasons, because of which the writ of execution based on an enforcement title document is contested (Article 50 of The Enforcement Act).
When the debtor files an objection and does not contest the writ but only asks the court to postpone the execution, such objection shall be considered as a motion for suspension.
Also, the writ of execution may be contested by an appeal in the part ordering enforcement after the deadline expired if the fact on which the objection is based occurred after the adoption of the writ. The appeal may be filed till the end of enforcement proceeding because of the following reasons:
Author: Silvija Žužić | Lawyer Croatia | Law office Rijeka, Krk