Payment order: how to file an objection
What a payment order is
The payment order is the act by which the debt collection office notifies the debtor, at the request of a creditor, of debt collection proceedings for a specific sum of money (art. 69 ff. DEBA). It states the amount claimed, the cause of the obligation, and informs the debtor of their right to object.
The deadline and form of the objection
A debtor who disputes all or part of the debt can file an objection within ten days of notification of the payment order (art. 74 DEBA). The objection can be made verbally to the debt collection office at the time of notification, or in writing within the deadline, without needing to be reasoned.
The effects of the objection
A validly filed objection suspends the debt collection proceedings: the creditor cannot continue the procedure without first obtaining the setting aside of the objection from the competent court, through provisional or definitive set-aside proceedings depending on the nature of their claim, or through an action for acknowledgment of debt.
Do not ignore a payment order
Even a wrongly disputed debt or abusive debt collection must be dealt with by filing an objection within the legal deadline: the absence of an objection in principle allows the creditor to continue the proceedings without the debtor being able to raise objections on the merits of the claim at this stage of the procedure.
Frequently asked questions
Within what deadline must I object to a payment order?
Within ten days of its notification (art. 74 DEBA), verbally to the debt collection office or in writing, without needing to give reasons for the objection.
What happens if I don't object?
The creditor can in principle continue the debt collection proceedings without you being able to dispute the claim at this stage of the procedure. It is therefore essential to act within the deadline even if you consider the proceedings unfounded.
Does the objection permanently end the debt collection proceedings?
No, it suspends them: the creditor can ask the court to set the objection aside, or bring an action for acknowledgment of debt, to be able to continue the proceedings.
Do I need to give reasons for my objection?
No, the objection does not need to be reasoned to be valid (art. 74 DEBA). A simple declaration of objection within the deadline is enough to suspend the proceedings.