The Impact of the Injunction to Pay

Q: What happens when no opposition is filed against an injunction to pay?

A: If no opposition is lodged within ten (10) days from the service of the injunction to pay, or if the debtor withdraws their opposition, the creditor can request the insertion of the executory formula on the ruling. This formula converts the injunction into a decision rendered after a formal hearing and is not open to appeal.

Q: Can a debtor challenge the injunction after the executory formula is inserted?

A: Yes, even if the executory formula is applied, the debtor can still file an opposition within the time limit set by Article 10. They may also request the President of the court to discontinue the proceedings, which will be decided within fifteen (15) days. However, this decision is final and cannot be appealed.

Q: What if the executory formula is refused or if the injunction is not processed in time?

A: If the court registrar rejects the request for the executory formula, the creditor may appeal to the President of the court for a decision. Additionally, if the creditor does not request the executory formula within two (2) months after the opposition period expires or the debtor withdraws their opposition, the injunction becomes null and void.

Q: How is the register of injunctions maintained?

A: Each court maintains a register, which may be electronic or paper-based. This register includes detailed information such as the names and addresses of creditors and debtors, the date of the injunction, and other critical details. It is managed to ensure accuracy and accessibility at all times.

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Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a qualified attorney.