Odpor against the platební rozkaz

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Deadline

Form

The odpor is filed in writing with the court that issued the platební rozkaz, not with a higher court. It is enough that the filing makes clear who is filing it, against which order, and that it is an odpor. The law does not require reasons, and an odpor cannot be rejected for lack of them (§ 174 odst. 3 o. s. ř.). You do not need a lawyer, and no court fee is payable.

Ways of filing

• By registered post to the court's address; the deadline is met if the letter is handed to the post office on the last day of the period.
• Through a datová schránka (data box) by 24:00 on the last day; no signature is required.
• In person at the court's filing office.
• By e-mail only with a recognised electronic signature; otherwise the original must be supplied within three days.

On paper it is filed in as many copies as needed for one to stay with the court and each other party to receive one; with one claimant, that is two.

The whole order, not part of it

An odpor filed in time cancels the platební rozkaz in full, even if you dispute only part of the amount (§ 174 odst. 2 o. s. ř.). A partial odpor does not exist, so we do not ask about the scope.

What happens next

The court schedules a hearing and the dispute continues as ordinary court proceedings. If the court, together with the order, required you to file a written vyjádření ve věci samé (statement on the merits) (§ 114b o. s. ř.), you must do so within the period the court set; otherwise you are deemed to admit the claim and the court gives a judgment on admission. The losing party pays the other party's costs of proceedings.

What Catius Documents prepares

From your details we create an odpor ready to sign, for printing and sending by post or for filing through a datová schránka.

Create the odpor - 199 Kč

No legal advice

Catius Documents does not assess your case in law and does not represent you. For a large amount or if you are unsure, also consult a lawyer.