In short
If the debtor does not go to the enforcement court, the case does not fall in every file. Absence does not give birth to the same result in every file. The result is read by looking at the service line and at whether the debtor is the applicant or the addressee. If the addressee did not come despite a summons in accordance with the procedure, the court may examine the file in absence. If the summons did not go, it is not counted that a decision was built in absence. Not coming is not an acknowledgement of the debt.
Absence is not a falling
A falling is a result tied to a separate condition of the statute. The addressee's not coming to one sitting does not of itself fill this condition. A complaint and the lifting of an objection do not, in every file, carry the name of an ordinary court action. The name being an action also does not of itself bring a falling. In the lifting of an objection the debtor is as a rule the addressee. The creditor's application does not fall because the debtor did not come. The court looks at the file for whether there is a suitable document. If the document does not suffice, the request may be refused even if the debtor does not come. If the document suffices, not coming is also not counted as having had the request accepted of itself. The decision is read from the reasoning. While there is no reasoning, it is not said they lost in absence.
The subject of the complaint stands under an enforcement complaint. This page does not repeat how that application is written. It only separates whether not coming is a falling. The distribution that in a lifting the applicant is the creditor and the addressee is the debtor is in the article on lifting of an objection. There is no list of that document here. If the document stands in the file, it stands. A document that does not stand is not produced from the debtor's absence.
If the cover of the file does not write that it fell, a falling is not announced. A writing that it was removed from the proceeding and a writing that it fell are not the same result. The first is the file's not moving forward for that moment; the second is a condition the statute looks for separately. Whichever word stands in the minute is read. If there is no word, the result is not completed from the sentence that they did not come.
If the service line is blank, absence is not built
Absence is spoken for the person the summons reached. The service line of the paper that notifies the hearing day is read. A date, an addressee and a ground are looked for on the line. If the line is blank, if a ground for return stands, or if there is no summons paper at all, service is not assumed. Service that is not assumed is not turned into a decision in absence. Service of the payment order does not take the place of the hearing summons. The two papers are two lines. If the summons paper is not in the file, the day is not completed from this text.
Which result the ground gives birth to is read by looking at the summons paper's own piece. The separation of a return of the payment order is not built on this page. If the ground is not written on the summons paper, it is not counted as written. The hearing day that appears in the electronic file does not hold the place of the service piece. While there is no piece, the party is not counted as having learned. A record that they were not found at the address is not written in the place of a record that service was made. Which address was written is read from the addressee line of the summons paper. If the line contradicts the address in the proceedings, the contradiction is kept. The contradiction is not counted as served by silence.
A summons that went out to the representative and a summons that went out to the debtor themselves are not mixed. If there is no representative record in the file, service on the representative is not assumed. An envelope that went to a dismissed representative is not counted as having reached the debtor. Reaching is read when the current power of attorney and the service endorsement are placed side by side. If one is missing, the other does not complete it.
The applicant and the addressee are not the same not-coming
If the debtor is the party complaining of the unlawfulness of the transaction, they are the applicant. The applicant's not coming to the hearing despite a summons in accordance with the procedure is not tied to the same transaction as the addressee's not coming. The applicant's absence can give birth to the result that the file is removed from the proceeding. This result is not written in every file as the action fell. Removal from the proceeding exists if it is written in the minute. A renewal record is read separately. The day of renewal is not written into this text as a figure. If there is no record, renewal is not counted as having happened.
If the debtor is the addressee and only they did not come, the file is not counted as removed from the proceeding like the applicant's absence. The two roles are read from the heading of the petition. If there is no heading, a role is not invented. In a file to which a hearing day was never given, not coming is also not spoken of. If a day was not given, a minute of absence cannot be produced. If the day is written in the preliminary order, it exists. If there is no preliminary order, not coming is not tied to a sitting that has not yet been built.
The debtor can be both the owner of one complaint and the addressee of another matter. The two capacities are two files. Not coming in one does not bring down the request in the other. The file number shows which capacity is spoken of. If the number is mixed, the capacity is read from the first line of the petition. If there is no first line, the capacity is not completed.
The absence of the two parties is read separately
If both the applicant and the addressee did not come, the result is different from the absence of the debtor alone. The absence of the two parties can be read with the file's being removed from the proceeding. The removal must be written openly in the minute. If it is not written, a falling is not announced. If one party's representative attended, that party is not counted as not having come. If there is no representative record in the file, attendance is not assumed. If the representative's signature does not stand in the minute, attendance is not produced from the name list at the door.
Not coming also does not of itself withdraw an objection made to the payment order. The staying effect of the objection stands under an objection to enforcement proceedings. The minute of absence does not erase the objection petition. An objection that is not erased does not of itself release the attachment because the hearing was not attended. The lifting of the attachment exists if it is written separately in the enforcement file.
A stay of enforcement is not the result of not coming. A stay is a separate application read, in proceedings with a judgment, with a legal remedy and security. Its conditions stand under a stay of enforcement. This text does not write the security or the petition for the legal remedy. Not going to the hearing is not counted as having stopped the sale. A frequent mistake is to take the minute of absence for a decision to stop. The minute writes who did not come. If it does not write that the sale stopped, the sale is not counted as having stopped.
The operative clause of the decision is separate from the sentence of absence
If an examination was made in absence, the result is in the operative clause. The clause does not end by repeating that the debtor did not come. Acceptance or refusal of the request is written separately. If it is not written, the result is not completed from the first paragraph of the minute. The reasoning should show which document did or did not suffice. If it does not show, it is not said the document sufficed. If the name of the document is not in the clause, the name is not added from the hearing summons.
How the decision was notified to the parties is also a separate line. Pronouncement is the decision read to the face. Service is the paper that goes later. A day is not kept for a party who did not come as if there were a pronouncement. A number of days is not written into this text. The start is read from that party's service piece. If there is no piece, notification is not counted as having happened. A decision that was not notified does not of itself become applied in the enforcement file. The application exists if it is written in the enforcement printout.
Removal from the proceeding is not a writing of a falling
If the file was removed from the proceeding, this result stands in the minute as removed from the proceeding. The word fell is a separate writing. The two are not put in each other's place. In a file that was removed from the proceeding, a record called renewal is looked for separately. The day of renewal is not written into this text as a figure. The record should show on which date and at whose request it was made. If it does not show, renewal is not counted as having happened. Without renewal, the file does not of itself return to the old sitting.
The file that was removed because the applicant did not come and the file that was examined in absence because the addressee did not come do not carry the same cover. Whichever party's absence the cover writes, that writing is read. If the writing counts both parties, it is not narrowed like the absence of a single party. The narrowing does not change the sentence of the minute. The decision separates in the clause whether it was built on the removal or on the merits. If the clause only says they did not come, the result that the request was accepted does not come out.
A sale or an attachment in the enforcement file does not stop before the minute of removal from the proceeding goes to the enforcement office. A paper that went does not give birth to a stop if it does not contain a writing of a stop. The directorate's endorsement that it received the papers is not an endorsement that it lifted the sale. The two endorsements are read separately. If one is missing, the other is not written in its place. The debtor's later giving a petition also does not have them counted as having attended a hearing that was not held. Attendance exists if a signature or a representative record stands in the minute.
An excuse petition does not of itself erase the minute of absence. The excuse is read if it stands in the file and the court writes that it accepted it. If there is no writing of acceptance, the sitting is not counted as reopened as if an excuse had been given. A new day exists if it stands in a new preliminary order or in the minute. If there is no day, the old absence record stands. The record is also not an acknowledgement of the debt. An acknowledgement exists if it is written with the debtor's open sentence. If it is not written, not coming is not put in the place of an acknowledgement.
Conclusion
Absence gains meaning when the service line and the role are read together. The addressee's not coming is not a falling in every file. If the summons did not go, a decision in absence is not built. The absence of the two parties is separate from the absence of one party. Not coming does not stop the sale. The framework is on the enforcement and bankruptcy law page. The line on the summons paper can also be distinguished from the file through contact. The basis is the provisions of Enforcement and Bankruptcy Code No. 2004.