Glossary
Setting aside the objection (Rechtsöffnung)
Mainlevée (FR) · Rechtsöffnung (DE) · Rigetto dell'opposizione (IT)
Updated on 28 July 2026
Definition
Setting aside the objection is the court decision that removes your objection and allows the creditor to continue the proceeding. It is definitive when based on a judgment, and provisional when based on a signed acknowledgment of debt.
After an objection, a creditor who wants to continue must ask the court to set it aside. They must produce a title: a judgment, an administrative decision, or a document you signed that counts as an acknowledgment of debt (contract, payment plan, letter of acceptance).
The distinction matters. After a provisional decision you have a deadline to bring an action for a declaration that the debt does not exist, having the merits decided by a court. After a definitive decision, the available defences are far narrower.
A summons to these proceedings is not a formality: the process is fast and largely written, and failing to react often amounts to giving up. Where the amount is significant or the situation complex, legal advice is genuinely worthwhile here.
Key points
- It is the creditor's job to apply after your objection.
- Provisional decision: you can still challenge the merits in court.
- A decision against you closes the non-disclosure route.
Legal basis : Art. 80 to 84 DEBA/SchKG