Procedure When You Receive a Payment Order or a Decision Recommending Performance

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receiving the authenticated copy or decision
2. 2Deciding whether to admit
3. 3Submitting a written objection
4. 4Conversion to a lawsuit / setting of hearing date
5. 5Submitting the answer and evidence
6. 6Hearing / mediation
7. 7Pronouncement of judgment / appeal

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The time from the objection to conversion to a lawsuit and judgment differs from case to case, so check the progress with the court handling the case

Cost

The objection itself is free; on conversion to a lawsuit the stamp fee difference is borne by the creditor; costs of the answer and attendance, and lawyer's fees

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   You receive from the court the authenticated copy of a payment order or a certified copy of a small claims decision recommending performance. The day of receipt is the starting point for the 2-week deadline, so write down the date of receipt and check the creditor, amount claimed, and cause of the claim. Payment orders and decisions recommending performance cannot be sent by service by public notice (replacing delivery with a posting at the court) (Civil Procedure Act §466(2), Small Claims Trial Act §5-3(3)).

2. 2

   If the claim is justified, pay it or agree with the creditor on installment repayment (paying in parts). If the amount is wrong, you have already paid, or you admit only part of it, prepare an objection. Even if you admit it all, compulsory execution will come after finality if you cannot pay, so an agreement is needed.

   Current step
3. 3

   File a written objection with that court within 2 weeks from the day of receiving the authenticated copy or the decision (Civil Procedure Act §470, §472, Small Claims Trial Act §5-4). It is enough to write that you 'object'; no stamp (fee) is attached, and you can also file electronically. If 2 weeks pass, it gains the same effect as a final judgment, and your deposits and wages may be seized without a certificate of execution (Small Claims Trial Act §5-7). After that, you can challenge it only through a lawsuit of objection to a claim.

4. 4

   When an objection is filed, the payment order loses its effect, and the lawsuit is deemed to have been filed at the time the payment order was applied for, so the case moves to an ordinary civil lawsuit (Civil Procedure Act §472). When the creditor pays the stamp fee difference, the case number changes. If the creditor does not pay or withdraws the lawsuit, the case ends. For a decision recommending performance, a hearing date is set right away once an objection is filed.

5. 5

   When the case moves to a lawsuit, the court sends you guidance. Submit an answer within the deadline stated in the guidance. If you already paid, submit deposit records; if you admit only part, the basis for your calculation; if extinctive prescription has run, materials on when the transaction took place. In small claims cases the rule is 1 hearing, so prepare all evidence before the first hearing.

6. 6

   At the hearing, both sides submit arguments and evidence, and the court may recommend mediation (a settlement). In small claims cases, a spouse, lineal blood relative, or sibling may attend for you without a lawyer. If an agreement is reached, the case ends with a mediation record, which can include installment repayment terms. A mediation record has the same effect as a final judgment, so if you do not keep the terms, compulsory execution may follow.

7. 7

   When the pleadings end, judgment is pronounced. You may appeal within 2 weeks from the day of receiving the written judgment (Civil Procedure Act §396). A final appeal (Supreme Court trial) in a small claims case is limited to grounds where the judgment on whether a law or regulation violates the Constitution or statutes was wrong, or where it conflicts with Supreme Court precedent (Small Claims Trial Act §3). If you do not appeal within 2 weeks, it becomes final and the creditor can carry out compulsory execution.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I submit the objection, and is there a form? Can I do it online?

Submit it to the court that sent the payment order or the decision recommending performance. The form is available on the e-litigation website or at the court's civil affairs office, and it is enough to write the case number and that 'I file an objection'.You can also do it online. If you register as a user on the e-litigation website, you can submit it from home.

QDoes it cost money to file an objection?

The objection itself requires no stamp fee (court fee). If the case moves to a lawsuit after the objection, the creditor pays the difference from the lawsuit stamp fee, and the debtor bears only the costs of submitting an answer and attending.However, if you lose at trial, you may have to bear part of the litigation costs.

QDo I have to object even if I admit only part of it?

Yes, you should. If you do not object, the entire amount stated becomes final.In the objection or answer, write separately the amount you admit and the amount you dispute, and attach the basis for your calculation. Another option is to pay the admitted part first and submit the deposit record as evidence.

QI already paid the money in full, but a payment order came. What should I do?

File an objection within 2 weeks from the day you received it, and attach deposit records and receipts to your answer. If you let 2 weeks pass and it becomes final, you must raise the ground that 'I already paid' through a lawsuit of objection to a claim (a separate lawsuit filed to stop execution).Seizure may come in the meantime. Even if your evidence of payment is clear, be sure to meet the objection deadline.

QThe 2 weeks have already passed. Is there nothing I can do?

Because the payment order or decision recommending performance has become final, you can no longer challenge it with an objection. The remaining option is to file a lawsuit of objection to a claim and apply for a stay of compulsory execution (stopping the execution).In a lawsuit of objection to a claim against a payment order or decision recommending performance, you can also raise grounds that arose before finality (such as having already paid). This differs from a final judgment.However, you must file a separate lawsuit, and execution may proceed in the meantime. So it is best to consult a lawyer right away. There are also cases where you missed the deadline because you did not receive the documents through no fault of your own.In that case, you can file a subsequently supplemented objection (an objection filed late after the deadline has passed) within 2 weeks from the day that reason ceased. The court decides whether you were truly not at fault.

QCan I do it alone without a lawyer?

An objection can be just one line, so you can do it alone. Showing with evidence in the following lawsuit that you already paid or that the amount is wrong is also possible alone, if your materials are clear.In small claims cases, a family member can also attend for you. However, if you must dispute extinctive prescription or the interpretation of a contract, it is safer to get a lawyer's help.