How Is the Enforcement Objection Period Calculated After Electronic Service?
Short answer: An electronic notification sent through UETS is deemed served at the end of the fifth day following the date on which it reaches the recipient’s electronic notification address (Notification Law Art. 7/a). In enforcement proceedings, the objection period is calculated according to the relevant type of enforcement by taking this date of service as the basis. The date on which the email is opened or the SMS notification is seen is not, by itself, the date of service.
From which date is the “fifth day” counted?
First, the date on which the notification reached the address is determined from the UETS record. The end of the fifth day following that day is the statutory time of service. For example, if the notification reaches the address on the 1st day of a month, it is generally deemed served at the end of the 6th day. When calculating the objection period, the day of service is not counted; the following day is taken as the starting point, while official-holiday and end-of-period rules also apply. Dates given merely as examples should not be used without verifying the calendar and the manner of service in the specific file.
How many days apply in each type of enforcement?
- Ordinary enforcement: As a rule, an objection to the payment order is filed with the enforcement office within 7 days from service. A duly filed objection stays the proceedings.
- Negotiable-instrument enforcement: As a rule, an objection to the debt or signature is filed with the enforcement court within 5 days from service; the payment period is 10 days. The other distinctions explained in our article on cheque and promissory-note enforcement may also be reviewed.
Checklist when a UETS notification arrives
First, retain the date of arrival and the date on which service is deemed effected as shown in the UETS evidence record. Then read the type of enforcement stated on the payment order and the document served. Claims concerning the debt, signature, jurisdiction or the nature of the instrument are not all submitted to the same authority or in the same manner. If there is more than one debtor, service on each recipient should be assessed separately. An allegation of defective service or an impediment not attributable to the party may require a separate application.
Sources: Notification Law No. 7201 Art. 7/a; Enforcement and Bankruptcy Law Arts. 62, 65 and 168 (Ministry of Justice); Ministry of Justice explanation on electronic service.
This article provides general information; the exact final day cannot be determined without examining the service records and payment order in the file.
