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Q
How do I file an application for a payment order?
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A few years ago, an acquaintance said they were in urgent need, so I lent them money, but they only say they will repay it and keep putting it off. They say verbally that they will repay, but I see no action at all, and it is so frustrating that I am considering what kind of legal response I should take. I saw somewhere that if I file an application for a payment order I could easily get it, but exactly what procedure is this? I am also curious whether I can receive the money right after applying.
Application for a payment order
Answer to Related Inquiry
Author: 정찬우
A payment order is a legal procedure that allows monetary claims to be recovered much more simply and quickly than civil litigation.
Without summoning the debtor (the other party) directly to court, the court, upon the application of the creditor (you) alone, conducts a document review and then issues an order to 'repay the debt.'
First, you must submit an application for a payment order to the district court having jurisdiction over the debtor's address.
In the application, it suffices to attach the amount claimed, the cause of the claim (such as a monetary loan), and evidentiary materials.
Thereafter, the court reviews only the documents without a separate examination, issues the payment order, and serves it on the debtor.
At this point, if the debtor does not file an objection within 2 weeks from the day of receiving the payment order, the payment order has the same effect as a final and conclusive judgment.
Once the payment order becomes final, you can carry out compulsory execution such as an attachment of the other party's salary, deposits, and the like.
Conversely, if the debtor files an objection within 2 weeks, the payment order is automatically converted into civil litigation proceedings.
In this case, like an ordinary lawsuit, you must undergo a trial and receive a judgment.
For such an application for a payment order, the fact that you lent the money, that is, the claim, must be clear.
Therefore, we recommend that you secure objective evidence that can prove the fact that you lent the money, and then proceed with the application for a payment order.
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