Saturday, November 8, 2008

People Getting Wegies



The injunction

What is an injunction?
An injunction is an order given by the court to discharge the debtor's obligation (eg payment of a sum of money or delivery of movable fixed) within a specified period of time (normally 40 days). After that time, the decree can be enforced and you can proceed with the seizure of the debtor's assets.
The injunction is issued at the request of the creditor, and has the advantage of being much faster and much less expensive to ordinary judicial procedure. It is governed by Articles 633 et seq. of the Code and requires, for its issue, the existence of specific conditions .
against an injunction can do opposition within the time allowed by the same Order (usually 40 days)

You can be opposed by an injunction?
Opposition to an injunction may be brought by writ of summons (Art. 645 CCP) strictly within the terms provided for in the decree itself (usually 40 days).
We oppose the injunction, for example, if the claim has not expired or if it simply does not exist because it never built or already extinct as a result of payment.
Following the opposition, the trial is conducted according to ordinary rules of procedure.
At the request of the opponent, if there are serious grounds, the court may suspend the ' provisional enforcement of the order (Art. 649 CCP).

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