The debtor must respond within 21 days, whether he recognizes the debt or not! During this period, the Enforcement and Collection Authority allows the debtor to respond and there is an option to freeze proceedings. After 21 days have passed, and if the debtor has not responded, proceedings are initiated.
Five steps to take:
- In the event that the debtor has a receipt for payment of the debt or other proof that the payment was settled or canceled due to non-receipt of the goods, one must go to the execution office with the proof and make a claim of “repayment”, which indicates that in practice the debt does not exist.
- If the debtor acknowledges the existence of the debt, every effort must be made to immediately pay the debt vis-à-vis the creditor and transfer the confirmation of the payment to the Execution Office in order to close the case.
- In the event that the letter is received from an execution branch that is not in the debtor’s place of residence, a request must be submitted to transfer the file to the branch closest to the debtor’s residence, within the 21 days.
- If the debtor is unable to pay the debt, the Execution Office must be approached with a request to conduct a competency investigation and to establish a payment order, in order to stop the proceedings on the part of the creditor.
- In the event that this is not the debtor’s first file in the Execution Office, a consolidation of all open files should be requested, in order to reduce the burden of the monthly repayment and stop all proceedings.