I am curious about how to file a lawsuit of objection to a claim.

Hello. I am a Daejeon loan claim attorney.

A lawsuit of objection to a claim is a suit in which the debtor raises an objection to the title of execution that served as the basis for compulsory execution (for example, a final judgment, a payment order, or a settlement protocol), and it is based on Article 44 of the Civil Execution Act.

In particular, where the title of execution is a 'judgment,' only circumstances arising after the judgment (for example, repayment or settlement) may serve as grounds for objection, and grounds arising before the judgment cannot be contested.

The procedure for a lawsuit of objection to a claim is as follows.

① Collecting evidence : preparing materials that prove the compulsory execution is unjust, such as repayment records, copies of bankbooks, text messages and emails, and settlement agreements

② Preparing and submitting the complaint : filing the suit with the court of first instance that issued the title of execution

③ Service of a copy of the complaint : the suit begins when the court serves the complaint on the creditor

④ Submission of the answer and evidence : the creditor submits a rebuttal in writing, and evidence from both sides is contested

⑤ Oral argument and judgment : the court hears the arguments of both sides and decides whether to grant or dismiss the objection to the claim

If you file an application to stay compulsory execution together with this suit, you can temporarily block the execution until the judgment is pronounced.

As such, because a lawsuit of objection to a claim contests the effect of an existing execution, the legal grounds and supporting evidence are very important.

It is advisable to proceed with the assistance of a Daejeon loan claim attorney who has extensive practical experience in this area.