You already know what to do with the “letter” and notice from the Bailiff. You have led the court to again serve you a claim and order for payment and to issue a declaration that the order for payment has been served incorrectly. You have even revoked the enforcement clause for a payment order. What’s next?
Stop execution by the Bailiff and win the case with a debt collection company before the Court
First. You must send a certificate issued by the Court about the incorrect delivery to the Bailiff – make a copy. Together with this certificate, prepare a letter in which you “request suspension of enforcement proceedings.”
The bailiff MUST suspend these proceedings – this is his OBLIGATION. If he continues to do so, he breaks the law and should answer for it at least before the Court that oversees him – file a complaint about his conduct.
Secondly. You have 14 days to object. Read the lawsuit carefully. We know from experience that emotions arouse in people, but you must remain calm. Read what the lawsuit is about. What are the payment terms.
Do you remember entering into such a contract referred to in the lawsuit? We have never met with a debt collection company honestly settling your “debt” – it does not take into account any payments made by you, eg loan installments, so check it.
The application may take two forms of ordinary writing or on so-called “Form”.
Most likely, the debt collection company claims debt many years ago or you have never entered into a contract that the debt collection company mentions. It is possible that you repaid the entire loan or almost all, but the Bank sold your “debt” anyway, for example by mistake, and the debt collection company added interest, “penalties” and other payments, and did not include payments, hence the amount. We wrote about the limitation HERE
You must remember that in opposition you should raise all the charges.
” Article 503. § 1. A letter containing an objection shall be lodged with the court which issued the order for payment, and in the case of an order issued by a legal Secretary, to the court before which an action has been brought. In the letter, the defendant should indicate whether he or she appeals in full or in part, submit allegations which, if they are to be lost, must be reported before entering into a dispute as to the merits of the case, as well as facts and evidence. The court will disregard belated claims and evidence, unless the party proves that they did not object to them without their fault or that taking into account belated claims and evidence will not delay the examination of the case or that there are other exceptional circumstances. “
The court may take into account your belated evidence, but it is best to raise it in opposition. If you do everything correctly and the claim is incorrect, you will win the case.
You are not sure how to defend yourself – ASK THE LAWYER
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You can also use our DOCUMENT GENERATOR .
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If you received a letter from a bailiff and do not know what to do with it, read our article on this topic. In our next article we will discuss the topic of “active defense”.