When can we bring a claim in a writ of payment

Service

A fundamental condition for the possibility of hearing a case in an order for payment procedure is the creditor's disposal of such evidence that will convince the court to issue an order for payment. The essence of the order for payment is the issuance of an order for payment in obvious cases, which do not raise any doubts as to the validity of the claim, together with the documents confirming the validity of the claim. This is an advantageous solution as it is not necessary to hold a hearing or direct contact between the parties to the proceedings. The court issues an order for payment at a one-person hearing and then delivers it to the parties together with an application for punishment. Undoubtedly, it not only minimizes the costs compared to the traditional process, but also significantly speeds up the entire procedure. So how do you file a claim in an injunction?

Order proceedings - when it can be used

Now let us consider when we may avail ourselves of the privilege of hearing a case in a writ of payment proceedings. Detailed regulations on this matter can be found in the Code of Civil Procedure. At the beginning, it should be emphasized that the injunction proceedings are optional and it is up to the creditor to decide what type of court proceedings he wants to pursue. If, however, the creditor decides to proceed in the injunction procedure, he should be aware that in order for the court to consider his case at all, two conditions must be met:

  1. The demand that is pursued in the lawsuit must be a pecuniary claim (claiming payment of a specific sum of money) or the provision of other replacement items (in this case, it is a situation in which the claim is directed at a specific material item, but it does not have to be an item marked as identity, however, should be identical to that claimed in the lawsuit).

  2. Evident evidence of its legitimacy must be presented to confirm the claim pursued. The Code of Civil Procedure provides a detailed catalog of documents to be presented. It should be assumed that this is a closed catalog, which means that only on the basis of the following documents, the court will issue an order for payment in the order for payment. Documents confirming the validity of the claimed claim, which must necessarily be attached to the filed claim, are:

  • official document - in accordance with the letter of the law, it is evidence of what has been officially certified in it and has been drawn up by a public authority or other state body,

  • bill accepted by the debtor - in this case, the proof may be an invoice signed by the debtor or another person authorized to collect,

  • summoning the debtor for payment together with the debtor's written declaration on the recognition of the debt - in the case of a settlement, which is a confirmation by the debtor of the existence of a claim against him,

  • acceptance by the debtor of a payment request returned by the bank and not paid due to lack of funds in the bank account - a situation in which the debtor has authorized the creditor to issue a payment order from his bank account. It is important that such authorization should be in writing (with the signature of the debtor or his representative),

  • promissory note, check, warrant or reverse, the authenticity of which is beyond doubt,

  • contract, proof of mutual in-kind performance, proof of delivery of an invoice or bill to the debtor,

  • if the creditor is a bank, such a document may be an extract from bank books signed by authorized persons and bearing the bank's seal together with proof of delivery of a written request for payment to the debtor.

An important thing to remember is the submission of the above-mentioned documents in the form of the original or a copy of the documents certified to be true to the original by persons authorized to do so (notary public, attorney-at-law, attorney-at-law). The exception is a promissory note, check, warrant, reverse - these documents must be submitted in original.

Statement of claim in the writ of payment

If the creditor finally decides on the form of the writ of payment proceedings and has the above-mentioned document confirming his claim, he should prepare a statement of claim.

The statement of claim can be written in person (observing the general formal conditions for bringing a statement of claim in all types of court proceedings) or using a simpler form and filling in a ready official form.

Regardless of the type of filing a statement of claim, it should be remembered that each statement of claim must obligatorily contain:

  • designation of the court to which it is brought,

  • designation of the parties,

  • indication of the value of the dispute,

  • designation of the statement of claim - it should be written that it is a "statement of claim for payment in a writ of payment",

  • specification of the claim - listing all requests and motions, and this must also include the request for consideration of the case in the writ of payment proceedings. The statement of claim should be placed after the statement of claim has been marked,

  • a brief justification of the facts of the claim pursued, along with an indication of the evidence,

  • signature (handwritten),

  • listing of attachments - detailed enumeration of the documents attached to the statement of claim as well as confirmation of payment of the claim fee or application for exemption from court costs.

It should be remembered that in addition to the statement of claim with attachments, you must also submit a copy of the statement of claim with a copy of all attachments, as many as there are defendants.