A warning has come from the notaries: they can even raise your salary if you don’t pay attention

Many people will not even accept a money order, which, contrary to misconceptions, does not float procedures and can even be enforced within weeks. In a statement, the Hungarian National Chamber of Notaries (MOKK) recommends that those who are notified of a payment order react if someone really owes it, pay their debt, but if they do not know, try to negotiate with their creditor, and if do not consider the claim legitimate, say no. .

Payment order procedures are typically initiated by accounts receivable managers, telecommunications or utility providers, and banks against their clients who do not pay the service fee or do not pay their loan on time. But in the same way, condos can sue for unpaid common cost, municipal companies for unpaid parking fees, or even individuals if they have made a loan and don’t get their money back. The payment order is sent by the notary to the debtor’s domicile, possibly to her place of residence or, in the case of a company, to her registered office, at the request of the person entitled to it.

Last year, notaries initiated 527,000 payment orders, of which 477,000 were made final. While the number of payment orders issued increased by 10 percent in one year, the number of discrepancies increased by only 3 percent. Of the recipients of the payment order, 29,000 cases objected to the claim, that is, many did not consider it legitimate. It is not the low number of discrepancies that is the real problem, but the fact that many do not even accept a money order that could put them in serious trouble.

If you don’t take over, you admit it

“Contrary to popular belief, the payment of a legitimate claim cannot be avoided if the debtor does not accept the payment order”, Ádám Tóth emphasizes. The MOKK president added that a payment order is not a simple demand for payment, but an official document that must be answered. If someone does not take charge or does not react to him, it should be considered as if he had recognized the claim according to the law, so that in a few weeks, even some of the money in your bank account can be withdrawn by the bailiff.

When someone receives a money order, the most important thing is to take charge, because that is the only way they can respond within a time limit: within fifteen days of receipt. If the document is not received, the shipment will be considered delivered in accordance with the law on the fifth business day following the second service attempt. Thus, in this case, the request for payment becomes final and if the debtor does not pay, the creditor can initiate the execution against him. The same happens if the debtor takes over but does not attend to it, does not react to it. A payment order becomes final even if the debtor does not meet the deadline, for example, because he sends the opposition by post, although he would be responsible for electronic administration, for example, as a sole proprietor, non-governmental organization or company.

If, for any justified reason, we were unable to receive the money order, for example, we were hospitalized, quarantined at home, sent to the wrong address, or received by an unauthorized recipient, we have the option to file a purported delivery objection . If enforcement is initiated against us on the basis of a payment order, we may file an objection to the notification with the acting notary within 15 days after hearing the procedure.

If you don’t agree with the debt, say no

If the debtor does not agree with the claim or disputes the amount of the debt, say no. There are several possibilities for this as an individual: it can be opposed by any notary public orally or by mail in a petition addressed to the notary who issued the payment order. “We don’t even have to justify our truth, it is enough to describe that, in our opinion, there is no debt. If we have a contradiction within the term, on a regular basis, the payment order process will become a lawsuit, and from now on the case will continue as a lawsuit in the competent court, ”said Ádám Tóth.

However, it is only worth contradicting if the claim is really unfounded, because if the debtor really owes it, it can only delay the time and increase the costs of the procedure and interest. This is because litigation is expensive and at the end of the lawsuit if you lose, you will have to pay even more than if you had paid the claim on the money order.

In case of financial difficulties, payment in installments can be requested.

If the debtor is unable to pay due to financial circumstances, you may want to request a deferment or installment payment. In addition, you only have fifteen days from the date of receipt of the payment order. As an individual, you also have the opportunity to do so orally at any notary or by letter to the acting notary. If the notary accepts the request, it is important that the debtor pay the details to the claimant accurately, because once it slips, the claimant can initiate an enforcement procedure for the full unpaid amount.

Cover image: Getty Images