September 2020

Interim Order of the First Instance Court of Patras on the suspension of the enforceability of a payment order and its non-appearance in databases of financial behaviour (TEIRESIA etc.)

Following an application by a debt management company (servicer), the Judge of the Patras Court of First Instance issued a payment order of approximately 1,300,000 euros against a company operating in Patras, which was served on the company by cheque for execution. 

An appeal was brought before the Patras Court of First Instance for the annulment of the payment order and, at the same time, an application for a stay of execution was lodged, in the context of which an application was made for an interim order suspending the enforceability of the payment order and prohibiting it from appearing in databases of financial behaviour. The Court of First Instance of Patras, having considered that the grounds of the company's opposition were likely to succeed, referring not only to formal errors in the payment order but also to abusive conduct on the part of the management company and to the invalidity of the procedural and extrajudicial actions of the latter, ordered the suspension of the enforceability of the payment order, without any condition whatsoever, and the non-display of the order in databases of financial conduct (Tiresias etc.) until the hearing of the application for suspension.