A summary route allowing creditors holding qualified documents to have the debtor's objection set aside by the enforcement court.
All termsRemoval of objection is a summary route enabling creditors who hold documents of the quality listed by statute to have the debtor's objection set aside by the enforcement court. Private deeds with acknowledged signatures, notarised instruments and duly issued official documents qualify.
The application must be made within the statutory period from notification of the objection. The enforcement court conducts a narrowly bounded review: it decides on the documents alone, hears no witnesses and renders no final judgment on the merits of the claim. A removal decision therefore does not bar the debtor from later bringing a negative declaratory action.
Alongside definitive removal, a provisional variant exists for cases of signature denial. The unsuccessful party is ordered to pay an indemnity at the statutory rate. For creditors with strong documents, this route is markedly faster than the annulment action.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
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