In short
A witness at the enforcement court is read if the dispute in the petition can be built with a witness. He is not heard in every file. On the route that resolves the existence of the debt with a document, a witness does not stand in for the document. If a third person claims that the attached goods belong to him, the account can be read in that dispute. A signature examination is not closed by a witness sentence. The steps of the examination are not in this text.
A witness is not heard in every file
The enforcement court is not the wide place of proof of the general court. Writing "I have a witness" in the petition does not oblige the court to hear him. The hearing is done by looking at the kind of the dispute and at the evidence the statute recognised for that kind. If the kind is not written, the witness list is not treated as having become evidence. Even if the list carries the names of the people to be heard, if the subject is wrong the list does not build the debt.
Even if the list carries the name, the address, and which fact he will say, if the fact is the debt itself the list has not built that debt. The fact is tied to the single dispute in the petition. If there is no sentence of connection, the list stays as a name table added to the file. The table is not a decision to hear. The hearing exists if it is written in the court's interim decision. While there is no interim decision, a witness is not treated as summoned.
In the action for annulment of an objection in the general court, a witness is not in the same regime as a witness at the enforcement court. The frame of that action is under the annulment of an objection. This page does not write the witness list of that action. A person heard in the annulment action does not pass as evidence of itself into the enforcement court file. The statement in those minutes is not treated as read in this file without an interim decision of the enforcement court.
On a route limited to documents, a witness does not build the debt
In the lifting of an objection, the enforcement court does not open the debt to every account. The route is limited to the documents the statute counts as suitable for that matter. The frame of the document is under the lifting of an objection. Here it is written only that the witness does not stand in for that document. A witness is not treated as having changed the character of the invoice or the instrument. A sentence of "I saw the debt" does not make an unsuitable paper a document for the lifting.
The signature under the invoice is not treated as acknowledged by the witness remembering that invoice. The maturity of the instrument is not changed by the delivery day the witness recounted. If the document does not stand, the document is not produced from the account. If the document stands, its character is read from the paper's own line. The witness is not treated as having added a record that is not written on that line.
In a complaint, what is essential is the minutes of the act said to be contrary to the law. How the minutes are described is in the article an enforcement complaint. A witness does not fill the gap in the minutes in every file. If the minutes stand, the account has not proved the contrary of the minutes of itself. If there are no minutes at all, the account does not create an act that does not exist. If the date of the act is not in the document, the date is not completed from the witness sentence. An account that the officer was there that day does not have the minutes treated as drawn up.
In an ownership dispute, the account can be read
The attachment may have gone to a third person's goods. If the third person claims at the enforcement court that the goods belong to him, this dispute is not the debtor denying his debt. Ownership and possession can also be spoken of with a witness, together with a document. Being able to be spoken of does not mean a witness is heard in every file. The court looks at the document of the claim and at the conflict. While there is no conflict, a witness does not lift the attachment of himself.
The account is for separating with whom the goods stand and which item the attachment went to. If the kind of the item, the brand, or the room where it was found is written in the minutes, the account is compared with that line. If the minutes were written generally, the general writing does not announce a particular item as belonging to the third person. The third person describes in the petition which goods he wants. A list without a description does not turn into a request that the whole attachment be lifted.
An ownership claim and an objection to the debt are not the same petition. An objection to the debt stands under an objection to an enforcement proceeding. Whom the goods belong to is not the short name of whether the debt arose. The petition writes whose the goods are and which attachment was made the subject. If there are no attachment minutes, a witness is not produced from the description of the goods. If the third person's name is not in the minutes, the name is not added from the account. The name stands separately in the petition and in the minutes. If one is not there, the other is not treated as having completed it.
A signature examination is not closed by a witness sentence
The claim that the signature on the instrument does not belong to the debtor is not closed by a sentence of "I saw who signed". A signature examination is a separate procedure that runs on the original instrument and on a comparison. A witness does not stand in for that procedure. The steps of the examination, the expert's task, and where the original instrument will stand are not written into this text. A step that is not written is not treated as completed by a witness statement. Even if the statement stands in the file, the signature has not closed before the examination is carried out.
The name of a person who says "I was there when the signature was put" does not stand in for the original instrument. Whether the original is in the file is read separately. While there is no original, a photocopy is not completed as if the examination was carried out. The signature line on the photocopy is not treated as drawn from the witness's description. If the examination decision is not written in the interim decision, it is not treated as written.
A denial of the signature and a claim that the debt was paid do not enter the same witness sentence either. Payment is read with a receipt. The receipt does not say whose the signature belongs to. The two questions are two pieces of evidence. The date on the receipt is not the result of the signature examination. The examination minutes do not write that the debt was paid. If the two minutes stand side by side, both are kept. One is not turned into the other's judgment.
A single list does not close three questions
A frequent mistake is using a single witness list for the signature, the payment, and the ownership claim at once. The list is written to the single dispute in the petition. If there is no name of the dispute, the list is not evidence. If three headings were melted in the same petition, the authority may not be able to separate which witness belongs to which question. A list it could not separate is not treated as having proved all three disputes at once.
The witness's closeness, or living in the same house as the debtor, does not erase the statement of itself. That closeness does not change which dispute the statement belongs to either. The court passes the statement onto the minutes. The statement that was passed is not an operative part of a judgment. The judgment stands in an operative part separate from the repetition of the statement. While there is no operative part, it is not said that the witness was won.
If the witness who was summoned did not come, the not-coming does not mean the other side accepted the claim. The result of not coming is read if it is written in the interim decision. If it is not written, the list is not treated as heard. A witness who was not heard has not lifted the attachment. A new list is not added as the judgment of the old list. The new list is read with a new interim decision.
The summons paper is not a decision to hear
The giving of the witness list to the court does not give rise to a decision to hear. The hearing exists if the interim decision writes which person was summoned for which fact. If there is no name in the interim decision, the name on the list is not treated as summoned. If the summons paper is not the same as the name in the interim decision, the paper does not make a person who is not in the decision into evidence. If the service annotation is blank, the summons is not treated as having arrived. A summons that did not arrive is not completed as if a statement was given.
If the statement was passed onto the minutes, the minutes write what that person said. What was said is not the other side's acceptance. If the other side had his objection written in the minutes, the objection stands beside the statement. The statement is not treated as accepted without dispute because there is no objection line. Acceptance exists if it is written with an express sentence. If the oath or identity line is blank, that line is not copied from the witness minutes in another file. A person heard in another file has not been heard in this file as well.
A photograph, a slip, or a message printout the witness brought may be an annex of the witness statement. The annex is not the document itself. If there is no date in the annex, the date is not written from the statement sentence. If the annex does not show the item in the attachment minutes, the item is not treated as described by that annex. If the court took the annex into the file, the taking does not make the annex a judgment. The judgment is read if it writes separately which fact the annex showed. If it does not write it, the annex has not lifted the attachment.
The witness's statement does not change the list of items in the attachment minutes of itself. If the list shows an item in the debtor's house, the statement is not treated as having erased that item from the list. The erasure stands separately in the minutes or in the decision. If the statement says the goods belong to a third person, this sentence is inside the ownership dispute. The same sentence has not proved that the debt did not arise either. The two results require two decisions. If the decision writes a single result, the other is not treated as bound as a judgment in that decision.
Conclusion
A witness is read at the enforcement court if the kind of the dispute allows it. He does not build the debt in a lifting that is limited to documents. In an ownership claim, an account may come onto the agenda. He does not stand in for a signature examination. A single list does not close three questions at once. The frame is on the enforcement and bankruptcy law page. The heading of the dispute in the petition can be separated from the file through the contact route. The basis is the provisions of the Enforcement and Bankruptcy Law numbered 2004.