Don't ignore it, be sure to object to the payment order.
Because if the debtor does not raise any objection, fifteen days later, the creditor can apply to the court for execution of the payment order. In other words, the debtor will become the person to be executed and the property to be executed. In this case, compared with the normal prosecution process, it will be greatly shortened. Many financial institutions take the form of payment orders because some people don't understand the meaning of payment orders and really owe money, so they ignore them. But they don't know that this can not only cushion themselves, but also shorten their debt repayment time. Therefore, if you don't want to be executed so soon, you must raise an effective objection within the statutory time limit.
Please pay attention to the following points when objecting to the payment order:
First, the time of opposition. Raise an objection within fifteen days after receiving the payment order.
Second, the reasons for opposition. If the objection is that you are unable to repay your debts, or you have different opinions on the repayment period and method. Objection cannot be established. To put it bluntly, you said that you were in difficulty, that you had no money now, or that you were considering postponing the repayment by installments. These objections are untenable.
Third, the form of opposition. Objections must be made in writing, and oral objections are invalid. You must write a written objection.
Fourth, the result of dissent. If the objection is established, the court will decide to terminate the supervision procedure of the payment order and then turn to the normal prosecution procedure.
Some common misunderstandings of debtors' objections to payment orders and payment orders;
1. I didn't receive the paper payment slip, but my mobile phone received the SMS link. Can I ignore it?
In practice, many payment orders applied by financial institutions and online lending companies are delivered electronically by the court, and no paper payment orders are mailed. Because when the debtor applies for a loan, the contract stipulates electronic delivery, leaving the debtor's mobile phone number, so the court will send an electronic payment order, as long as it is sent to the agreed mobile phone number, it will be regarded as delivery. The debtor said that my mobile phone number was no longer used, so I didn't receive it. This is useless, because there must be an agreement in the original loan contract. If the debtor changes its contact information, it shall take the initiative to inform the lender. If not, he will still serve according to that contact information. Even if he doesn't receive it, it is deemed to have been delivered, and the consequences shall be borne by the debtor himself.
2. Who is the objection to the payment order sent to?
Look at the payment slip received. Finally, the name of the judge, that is, the judge, will be sent to the judge, because it is the judge who examines the objection. You can't see it in the text messages that your mobile phone may receive. The short message can be a risk reminder and a payment instruction for urging the program. Then you need to dial the local area code 12368, transfer to that court, and then ask the judge's phone number. The court address can be searched online by yourself.
3. What express is used to send the objection to the payment instruction?
Some people think that only EMS can be used, but that is the requirement for government agencies to issue documents. As a party, there is no stipulation on what kind of express delivery must be used. Of course, it is better to use EMS, because some courts only accept EMS, which is actually their own internal regulations. So you must pay attention to the logistics information after delivery. When you see the receipt, call the judge to inform you to object to the payment order and confirm it.
4. What should I do if the objection to the payment order is sent late and the objection period of 15 days has passed when it is sent to the court?
Let's popularize the legal knowledge about service here. All documents that need to be submitted to the court within a certain period of time, such as objections to payment orders, appeals, jurisdictional objections, etc., can be mailed. By mail, the date of submission is the date of mailing, not the date of receipt by the court. For example, the objection period of the payment order is the last day of August 7, and you sent it on August 7 and received it in the court on August 9. Is it past the objection period? No, the filing date should be calculated according to the mailing date, that is, August 7, no matter what date the court received it. So this is not overdue. But after sending it, you should tell the judge to prevent the judge from entering the execution procedure because he has not been to the court for a long time.
5. How to write a payment order before the objection is established?
Before the objection is established, a legally binding objection must be raised. How to raise effective objections, this should be written according to specific cases, not generalized, but which objections are invalid can be listed. In fact, these are all written in the risk warning book of the supervision procedure. Look at the third and fourth items and tell which objections are invalid. Therefore, the objection to the payment order must avoid falling into the scope of invalid objection.
For more questions about the objection to the payment order, welcome to communicate.