1. The creditor shall first serve upon the debtor a notice for payment within at least five [5] days, following which, the creditor shall seek a writ of debt from the judge of the court within the territorial jurisdiction of which the debtor's domicile is located, the court within the territorial jurisdiction of which the underlying agreement is executed or performed in whole or in part, or the court within the territorial jurisdiction of which the agreement is required to be performed. The right described in the notice for payment shall not be less than the right described in the petition for a writ of debt. The notice for payment shall be served by any of the means of service defined in this Code. 2. The writ of debt shall be issued on the basis of an electronic or paper petition, as the case may be, to be filed by the creditor and accompanied by a proof of the debt and a proof of serving a notice for payment upon the debtor. The Case Management Office shall keep the petition filed until the appeal time limit expires. 3. The petition shall include the details of the statement of claims described in Article [44] of this Code. 4. The writ of debt shall be issued not later than [3] three business days following the filing date of the petition, and shall include details of the amount ordered to be paid or the movable property order to be delivered, as the case may be, and shall also indicate whether it is issued on a commercial matter. 5. The petition referred to in this Article shall be give rise to the legal effects of instituting a legal proceeding as of the filing date thereof, even if the court is lacking the jurisdiction.
Interpretation and application must be checked against the official text and current version.