Removal of Objection Before the Enforcement Court

The Enforcement and Bankruptcy Law lists the documents that can support a removal request. Broadly, they are written instruments in which the debtor acknowledges the debt, such as a signed acknowledgement or a notarised document, together with the documents the law accepts for provisional removal. A commercial contract and a set of invoices are usually not enough on their own, because the enforcement court does not evaluate disputed facts or hear witnesses. If the creditor's evidence falls outside the listed categories, the correct route is an action for annulment of objection before the ordinary courts.

Speed and simplicity. The enforcement court decides on the documents in a summary procedure, without the full exchange of pleadings and the witness hearings of an ordinary lawsuit, so a creditor with the right instrument can revive the enforcement file far more quickly. The request is also made in the enforcement forum that already handles the file. The price of this speed is the narrow scope of review: if the debtor raises a defence that cannot be resolved on the documents, the request fails. The route should be chosen only where the instrument is strong.

Provisional removal applies where the creditor relies on a private document whose signature the debtor denies. If the enforcement court finds the signature to be the debtor's, it removes the objection provisionally; the creditor can then take protective steps in the file, but the removal becomes definitive only if the debtor does not, within the short period the law allows, bring an action before the ordinary courts to be released from the debt. A debtor who unjustifiably denied a signature may also be ordered to pay compensation. The mechanism is a two-stage process, not a final determination of the debt.

Yes. A rejection by the enforcement court is not a judgment on the existence of the debt; it only means the documents did not meet the standard for the summary route. The creditor remains free to bring an action for annulment of objection before the ordinary courts within the statutory period running from service of the objection, or to pursue an ordinary claim for the debt. The practical risk is time: a creditor who tried removal first must make sure that this period, which is short, has not expired in the meantime, and should preserve the file and evidence throughout.