Guide on Streamlining Business Records
In the event of receiving an enforcement order, there are several steps a debtor can take to address the situation.
Firstly, if no action has been taken for three months from the date you received the payment order, the removal of the enforcement order from the register is possible. However, it's important to note that this is only applicable if no further action is taken by the creditor during this period.
If one finds themselves in a position where they truly owe nothing, they may hope that the creditor will withdraw the enforcement or take no action within three months. Alternatively, to counteract an unwarranted enforcement order, one can raise a legal objection. This acts as a roadblock for the creditor until they apply to the court and pay potential court costs.
In cases where one is unwilling or unable to challenge an enforcement order, requesting the removal of the entry from the enforcement register is another option. This can be done by contacting the relevant office, possibly using a sample letter.
It's crucial to understand that the creditor is not obligated to withdraw the enforcement, but may be convinced to do so. Convincing a creditor to withdraw an enforcement order may involve offering to pay immediately and cover enforcement costs.
If the creditor goes to court, the legal objection no longer serves as a barrier. In such situations, seeking legal advice can be beneficial. The legal advice offered at the Beobachter Consultation Center, which helps with legal questions, is called "unabhängige Rechtsberatung" (independent legal advice). Lawyers at this centre can provide assistance in such situations.
It's worth noting that an enforcement order in the register can make it difficult to find an apartment. Therefore, prompt action to resolve the issue is advisable.
Lastly, it's important to remember that a payment order issued by an office results in an entry in the enforcement register, regardless of actual debt. If you find yourself in a situation where you believe an enforcement order has been incorrectly issued, seeking legal advice and taking action within the specified timeframe is crucial.
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