Order for payment: how long does it last?

Order for payment: how long does it last?

"How long has a summons to pay been valid since it was registered by the Debt Enforcement Office, given that some people issue summonses for no valid reason other than to cause harm to a third party?

Does it lapse after a certain time if the creditor does not react to the judge?

Anyone who considers themselves to be the creditor of a defaulting debtor can submit a debt collection request to the Debt Enforcement Office. Once the creditor has paid the advance, the debt-collection office will automatically serve a summons to pay on the debtor. The debt collection office is not responsible for verifying the validity of the claim to which the debt collection request relates. The summons to pay is valid for one year from the date of notification to the debtor.

On receipt of the summons to pay, the debtor has several options: pay the amount claimed within 20 days, thereby putting an end to the proceedings; allow the proceedings to continue, with the risk of being seized or declared bankrupt; or lodge an opposition to the summons to pay within 10 days of notification if the debtor considers that he does not owe the sum of money claimed. It should be noted that if the creditor obtains a provisional release of the opposition, the debtor may, within 20 days, bring an action to discharge the debt, which will require the creditor to provide proof that the debt exists and is due and payable.

The creditor is obliged to request the continuation of the proceedings within the period of validity of the summons to pay. If he does not act within one year, the debt collection proceedings lapse. However, the summons to pay remains visible on the extract from the debt collection register, as there is unfortunately no automatic cancellation of the summons.

If the debtor is unable to reach an agreement directly with the alleged creditor, articles 85 and 85a of the Federal Debt Collection and Bankruptcy Act (LP) allow the debtor to apply to the court at any time to have the debt collection cancelled if he can prove by documentary evidence that the debt has been extinguished, or to have the debt collection suspended if he can prove by documentary evidence that the creditor has granted him a stay of execution. The law also gives the debtor the right to bring an action to have the debt cancelled if he can prove that the debt does not exist or no longer exists.