No Surprises – Service of an Order for Payment by the Bailiff

Abstract

The order for payment procedure is fast and effective, the order is issued by the notary at short notice. The issued order becomes final in the absence of the contradiction of the obligant which makes the procedure more efficient. The contradiction can be failed due to the omission of the obligant, and in this case remedies are provided for the obligant to remove the consequences of the omission. However, these remedies hinder and make impossible the claim based on the final order for payment of the holder. In the study we examined the conditions and impact of the application for certification, the objection to service and the presentation of the second contradiction. The main question of the research was whether the legislator provides the holder a preventive remedy, and whether these remedies can be exluded in advance. As a result of our examinations, we have been able to demonstrate positive legal consequences for holders in the rules on the service of orders by bailiff.