If a debtor lodged objection to a claim we have to procure a court order dismissing the objection.
In a first step we inform the debtor that we have received the summons for payment and that we will procure a court order dismissing the objection. We make him aware of the additional cost that will occur at his expense and give him another 5 days to withdraw his objection at the DCO. If the debtor withdraws the objection, we request the execution proceedings to be initiated.
At the same time we prepare all legal documents necessary for dismissing the objection and request the dismissal of the objection at the court should the debtor not withdraw his objection. We then send all the necessary documents to the court and we make an advance on the cost. The court proceedings can take 2-4 months, in some cases even longer.
Since the loan agreement constitutes a legal opening title and hence an acknowledgement of debt, the request for dismissal of the objection is generally accepted. As soon as 10 days have past the due date is final and the request for the execution proceedings can be initiated at the DCO.
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