Claim Objection Suit Lawyer
Claim Objection Suit Lawyer | Stopping Enforcement Before It's Too Late
A claim objection suit (청구이의의 소) is a lawsuit filed by a debtor to challenge the enforceability of a title of obligation (판결, 지급명령, 공증된 채무이행 약정 등) when the underlying claim has been extinguished or changed after that title was created — for example, because the debt was already paid, offset, or settled. It does not reopen the original trial on the merits; it only addresses events that happened after the title became final (민사집행법 제44조). Because enforcement can proceed while the suit is pending, an urgent application to stay enforcement is usually filed alongside the suit.
Claim Objection Suit | What Can Actually Be Raised in a Claim Objection Suit
Because a claim objection suit is not a second trial on the original dispute, the grounds you can raise are limited by law. Courts generally require that the ground for objection arose after the title of obligation became final, unless the title is a notarized deed rather than a judgment (민사집행법 제44조 제2항).
If the debtor paid the debt in full or in part after the judgment or payment order became final, that payment can be raised as a ground to stop or reduce enforcement. Partial payment reduces the enforceable amount rather than eliminating the title entirely, so documentation of the exact payment date and amount matters.
If the debtor had a separate claim against the creditor and validly declared set-off (상계) after the title became final, the underlying obligation may be considered extinguished to that extent. The timing of the set-off declaration relative to the finalization of the title is closely scrutinized.
A subsequent agreement — such as a settlement reducing the amount owed, a waiver of the debt, or a novation replacing the original obligation — can be raised if it occurred after the title was finalized.
Execution titles themselves are subject to renewal periods, and if the extinctive prescription period for the underlying claim ran out after the judgment (in cases where a fresh limitation period applies), this can be a ground for objection.
For notarized deeds (공증된 채무이행 약정 공정증서), because there was no court judgment on the merits, defects that existed at the time the deed was made — such as forgery, lack of authority, or invalidity of the underlying contract — can also be raised, unlike with a final judgment (민사집행법 제44조 제2항 단서).
What Cannot Be Raised Again
Arguments that were already litigated and decided in the original trial — such as disputing that the debt existed in the first place, when a judgment already found that it did — generally cannot be relitigated through a claim objection suit against a judgment. Res judicata bars re-arguing issues that were or could have been raised before the judgment became final.
Claim Objection Suit | How the Suit Interacts With the Original Title
Understanding what a claim objection suit can and cannot do prevents wasted time on the wrong procedure.
It Targets the Execution Title, Not the Original Case
The suit is filed against the creditor who holds the title of obligation, and its purpose is to have the court declare that the title should no longer be enforced, in whole or in part (민사집행법 제44조 제1항). It is filed in the court that has jurisdiction depending on the type of title — for a judgment, the first-instance court that issued it.
Different Rules for Judgments vs. Notarized Deeds
If the title is a final judgment, only grounds arising after the judgment's conclusion of oral argument can be raised. If the title is a notarized deed of execution rather than a judgment, there was never a court review of the merits, so grounds that existed even before the deed was made can also be argued (민사집행법 제44조 제2항).
Multiple Grounds Must Be Raised Together
If a debtor has several separate grounds for objection, all of them must be asserted in the same suit; grounds that could have been raised but were left out generally cannot be the basis of a second claim objection suit later (민사집행법 제45조). This makes early, thorough case review important before filing.
Claim Objection Suit | Getting an Execution Stay Before Assets Are Seized
Filing the suit itself does not automatically stop enforcement. A separate, urgent application is usually necessary to prevent seizure while the case is pending.
Execution Stay Is a Separate Application
A debtor who has filed a claim objection suit can separately apply to the court for an order suspending enforcement pending the outcome of the suit (민사집행법 제46조 제2항). The court may require the debtor to provide security (a deposit or guarantee) as a condition of granting the stay.
Timing Is Critical
Because seizure or auction can proceed quickly once execution has started, the stay application is typically filed at the same time as, or immediately after, the claim objection suit itself — not after enforcement is already substantially completed. Once an asset such as real estate has been sold at auction and the proceeds distributed, a stay can no longer undo that step.
Provisional Nature of the Stay
An execution stay is provisional; it lasts only while the claim objection suit is pending and is reassessed if circumstances change. If the suit is ultimately dismissed, enforcement generally resumes and the security deposited may be applied toward the creditor's costs or damages caused by the delay.
Claim Objection Suit | From Case Review to Resolution
Review the title of obligation (judgment, payment order, or notarized deed) and identify every event that happened after it was issued — payments, agreements, set-offs — that could support an objection.
File the suit in the court with jurisdiction over the original title, setting out all available grounds together, since omitted grounds generally cannot be raised in a later suit (민사집행법 제45조).
File the urgent application to suspend enforcement, usually alongside the suit, and prepare for the possibility that the court will require a security deposit.
Present documentary evidence of payment, set-off, settlement, or defects in the notarized deed. The creditor will typically dispute the timing or validity of these events.
If the debtor prevails, the court declares that enforcement based on the title is impermissible in whole or in part, and any pending enforcement procedure is terminated to that extent.
Claim Objection Suit | How Fees Are Structured
Typically set based on the amount still being enforced against the debtor and the complexity of the grounds raised (e.g., a straightforward payment record versus a disputed set-off or forged notarized deed).
Because the stay application is a separate urgent procedure from the main suit, it is usually billed separately, reflecting the additional drafting and, if required, the arrangement of security.
If the court orders a security deposit as a condition of the stay, this amount is set by the court and is separate from attorney fees; it is generally returned or applied depending on the final outcome.
Filing fees are calculated based on the value of the claim being contested, similar to other civil suits, plus service-of-process costs.
If agreed, a success fee may apply depending on the portion of the enforcement amount that is successfully blocked or reduced.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
Claim Objection Suit | Self-Check Before Filing
1️⃣ Identify the Title of Obligation
- Is enforcement based on a final judgment, a payment order (지급명령), or a notarized deed of execution?
- Do you have a copy of the title and know exactly when it became final?
- Has enforcement (seizure, auction notice) already started, or is it only being threatened?
2️⃣ Check Whether Your Ground Arose After the Title
- Did the payment, settlement, or set-off happen after the judgment's oral argument concluded, or after the notarized deed was made?
- If the title is a notarized deed, do you have grounds that existed even before it was made (e.g., forgery, no authority to sign)?
- Do you have receipts, bank transfer records, or written agreements proving the later event?
3️⃣ Assess the Urgency
- How much time remains before the next enforcement step (auction date, wage garnishment start)?
- Can you prepare or arrange a security deposit if the court requires one for a stay?
- Have you gathered all grounds you might have, since they generally must be raised together?
