Drawing up a written report in the case of an actual tender followed by the debtor’s deposit of the amount, in accordance with the Code of Civil Procedure, is the procedure whereby the debtor is released from the obligation by placing the subject matter of the obligation at the creditor’s disposal.
If the creditor accepts the amount or item offered by the debtor, the judicial enforcement officer shall draw up a a written report recording acceptance of the actual tender.
If the creditor fails to appear or refuses to accept the amount or item offered, the judicial enforcement officer shall draw up a a written report recording these circumstances.
On the basis of the report drawn up by the judicial enforcement officer, the debtor may deposit the amount or item offered with CEC Bank S.A. or any other banking institution, and the deposit receipt shall be submitted to the judicial enforcement officer who issued the payment notice. Following the deposit, the judicial enforcement officer shall confirm payment and release of the debtor by an order issued without summoning the parties. The order shall be served on the creditor within five days of being drawn up.
Within 15 days of service of the order, the creditor may apply to the court within whose jurisdiction the deposit was made to have the order set aside for failure to comply with the substantive or formal validity requirements governing the tender of payment and deposit.