Abstract

The electronic writ of payment proceeding is a two-phase process in the sense that when the proceeding is not finished before e-court it is continued before the court of general jurisdiction. As a special rule, Art. 505³⁷ § 1 of the Code of Civil Procedure excludes application of the remedial procedure under Art. 130 § 1 and Art. 130¹ § 1 of the Code of Civil Procedure by calling the party to correct the defects of the statement of claim or otherwise it will be returned, which is applicable only at the initial stage of the judicial proceeding. The proceeding may be discontinued only when the claimant fails to remove formal defects enumerated in the statute.