Action for annulment of objection

The action for annulment of objection is brought by the creditor so that a no-judgment enforcement halted by the debtor's objection can continue. The court examines the existence of the claim fully under general rules, making the case in substance a debt action.

The action must be filed within the statutory period from notification of the objection, a forfeiture period. If granted, the objection is annulled and the proceeding resumes where it stopped. A debtor whose objection proves unjustified is, upon request, ordered to pay a bad-faith enforcement indemnity of no less than the statutory rate, with a comparable indemnity available against creditors pursuing claims in bad faith.

As money disputes, these cases are subject to the pre-action mediation requirements applicable to commercial and consumer matters. The creditor may instead bring an ordinary debt action while time allows, but the enforcement indemnity can be claimed only in this action.