Disputing a claim via e-mail?

Pursuant to a recent decision of the Supreme Court in a liquidation procedure, the creditor's claim can be disputed via e-mail if the required conditions are satisfied.

According to the rules of the liquidation procedure, the creditor’s claim can be disputed in writing at the latest on the day before the receipt of the creditor’s payment notice. According to the Supreme Court, is important that the existence, the content, and the date of the dispute can be checked later.

According to the decision published under No. Gfv.VII.30.417/2014/3rd, the dispute sent in a simple e-mail shall be accepted, if it arrives to the creditor without any doubt, and the communication via e-mail had already been a mutually agreed form between the parties.

If the creditor answers the e-mail containing the dispute of the claim, with this act the creditor confirms the receipt of the original e-mail, hence the communication between the parties has generated a closed chain, so the debtor has disputed the claim successfully.

This decision is just first sign of a possible new practice, so we do recommend that the dispute of the claim shall be sent to the creditor also in a registered postal mail in time.

If you are interested in this topic, for further, personalized information, please contact with confidence the experts of ECOVIS Hungary Legal, who are happy to be at your disposal.