27 September 2026•Enforcement and Bankruptcy Law

Objection to Signature in Negotiable-Instrument Enforcement: Five-Day Period and Effect on Proceedings

Short answer: In negotiable-instrument enforcement based on a cheque or promissory note, a debtor who claims that the signature on the instrument underlying the payment order is not his or hers must state this within five days from service of the payment order expressly, by petition, to the enforcement court (Enforcement and Bankruptcy Law Arts. 168/4 and 170). The seven-day objection procedure before the enforcement office used in ordinary enforcement does not apply here.

How must denial of a signature be raised?

Article 168/4 of the Enforcement and Bankruptcy Law requires the allegation that the signature on the negotiable instrument does not belong to the debtor to be raised expressly by petition. An objection to the amount of the debt in the payment order is not the same as denial of a signature; the file should be checked to identify which signature is denied, the debtor’s capacity in the enforcement proceedings and the date of service.

Does the objection stay the enforcement proceedings?

Under Article 170 of the Enforcement and Bankruptcy Law, an objection to signature, as a rule, does not automatically stay enforcement steps other than the sale. The status of the proceedings may change according to the enforcement court’s review or a stay order it may issue under the conditions set out by law. Therefore, it cannot be assumed that attachment is impossible merely because a petition has been filed.

Which documents are important for review?

The payment order and service record, the original cheque or promissory note, the debtor’s capacity on the instrument and previous signature samples are important. Signature examination and any possibility of compensation or a monetary penalty depending on the outcome of the objection are assessed under Article 170; no such consequence arises merely because the allegation is raised.

Official source: Enforcement and Bankruptcy Law Arts. 168 and 170 (Ministry of Justice UYAP Legislation).

This article provides general information; the objection period and the signature allegation must be assessed according to the service and instrument records.