Judicial debt collection (retslig inkasso)
Also known as legal debt collection, court-based collection, retslig inkasso, juridisk inkasso, rettens vej
Judicial debt collection is recovery through the courts and the bailiff's court, used when the debtor does not pay voluntarily.
In practice
The judicial route has one purpose: to obtain an enforceable instrument, so that the claim can be enforced against the debtor. Without one, a debtor who simply refuses to pay cannot be compelled to do anything at all.
The route depends on the claim. If it is undisputed and below the monetary threshold, it proceeds as a payment order — fast and inexpensive. If it is disputed, or too large, a writ of summons is required.
From there the case moves to the bailiff’s court, where the judgment is turned into an attachment.
Where it commonly goes wrong
- Going to court on a claim that cannot be documented. If it is disputed, the burden of proof is yours.
- Going to court against an empty debtor. Then the case costs more than it brings in.