OBJECTION AGAINST THE WRIT OF EXECUTION

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 to render a decision.

If an untimely, unpermitted, or unexplained objection against the writ of execution was submitted, the court shall decide to dismiss 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 the enforcement proceeding because of the following reasons:

• if the creditor is not authorized to seek enforcement based on an enforcement title document, that is, if he is not authorized to seek enforcement against the debtor on the basis of it,
• if the claim has ceased based on a fact that came about at a time when the debtor could no longer make it known in the procedure in which the decision was rendered, that is, after the conclusion of a court or administrative settlement or the drawing, confirmation or legalization of a notarial deed,
• if the realization of the claim is postponed, prohibited, altered, or in some other way prevented, even for a definite period, based on a fact that came about at a time when the debtor could no longer make it known in the procedure in which the decision was rendered, that is, after the conclusion of a court or administrative settlement or the drawing, confirmation or legalization of a notarial deed, or
• if the claim from the enforcement title document is barred by the statute of limitations.

Author: Silvija Žužić | Lawyer Croatia | Law office Rijeka, Krk