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Attachment: Injunction as opposed to

10:05 pm in ADVOCATE OF REVENUE AGENCY, ATTORNEY seizure by admin11

The injunction injunction is the measure by which a court orders the debtor in a short time to fulfill its obligations, penalty enforcement actions like signing a mortgage or pledge.

The order procedure "assessment with predominant executive function", aims to ensure the rapid formation of Enforcement. The injunction is not a judgment, but a strong recovery tool that banks usually use to streamline the procedures of justice. The order procedure is a special proceeding governed by Articles. 633 sgg. the c.p.c. The injunction was issued when there is a written law that you want to enforce and it 'evaluated at the discretion of the judge. For banks also apply as long as the statements of accounts' regularly issued and authenticated.

At the "application for an order" must be accompanied by the documentary evidence, If the court rejects the claim insufficiently justified considering it communicates by requesting further evidence. If the judge finds the request motivated, ingiungera 'the other party within 30 days of the request to pay the amount due within 40 days of notification or appeal to the same tribunal, without payment or opposition will provide 'enforcement. The decree may be issued with provisional enforcement will normally be granted where there is a danger of serious injury in the delay or if the applicant produces documentation proving your right signed by debtor. In this, the court may 'authorize the execution without observance of any term. Opposition to injunction must be made within 40 days by submitting a writ of summons.

The opposition may have reasons of merit (debt nonexistent or already 'paid) vices for the notification of the decree, with documentation of what is claimed. If the opposition is not 'based on the written test or ready solution, the court usually grants the provisional enforcement of the decree. If the opposition is rejected by a final judgment or decree shall take effect provisionally enforceable Executive.

A careful analysis of the documentation in support of injunction, and a technical report done by a professional appraiser can determine a valid and recognized opposition, that almost always able to obtain even temporary suspension of enforcement.

Only with the opposition to injunction you can rely on your reasons for requesting the withdrawal of the contested. And so, Oppose the injunction.

Opposition to injunction can bring out the charging of interest ultralegali, the anatocism, the overdraft , expenditure which has been converted into capital by producing additional interest and fees and any contractual services.

The injunction will be invalidated because it contains illegal items cost over time have contributed to alter the balance that is certainly not liquid and not due.

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