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I'm curious about how to file an objection to claim lawsuit.
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objection to claim lawsuit
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Hello. This is a Daejeon loan attorney.
An objection to claim lawsuit is a lawsuit in which the debtor objects to the title of execution (e.g., final judgment, payment order, settlement record) that served as the basis for compulsory execution, based on Article 44 of the Civil Execution Act.
In particular, when the title of execution is a "judgment," only circumstances arising after the judgment (e.g., repayment, settlement) can serve as grounds for objection; pre-judgment grounds cannot be disputed.
The procedure for an objection to claim lawsuit is as follows.
① Evidence collection: Preparing materials such as repayment records, bankbook copies, texts/emails, and settlement agreements that prove compulsory execution is unjust
② Drafting and submitting the complaint: Filing the lawsuit at the court of first instance that issued the title of execution
③ Service of complaint copy: The court initiates the lawsuit by serving the complaint to the creditor
④ Submission of answer and evidence: The creditor submits a rebuttal document; both sides' evidence conflicts
⑤ Pleadings and judgment: The court hears both sides' arguments and decides whether to accept or dismiss the objection to claim
By filing an application for suspension of compulsory execution together with this lawsuit, execution can be temporarily blocked until the judgment is rendered.
As such, since an objection to claim lawsuit disputes the effect of existing execution, legal grounds and supporting evidence are very important.
It is advisable to proceed with the assistance of a Daejeon loan attorney with rich practical experience in related matters.
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