Day 40+ From claim to judgment
The legal track
Payment order, writ of summons, small claim and judgment. Which route a claim has to take depends first and foremost on the size of the amount — and on whether the debtor raises an objection.
9 concepts
- Court settlement (retsforlig) A court settlement is an agreement between the parties entered into before the court — and it has the same effect as a judgment. Same as a judgment effect
- Enforceable instrument (eksekutionsgrundlag) An enforceable instrument is the document that gives you the right to go to the bailiff's court — without one, a claim cannot be enforced. Retsplejelovens § 478 statutory basis
- Judgment (dom) A judgment is the court's decision in the case — and an enforceable instrument that can be enforced in the bailiff's court. Enforceable instrument constitutes an
- Judgment in default (udeblivelsesdom) A judgment in default is given when the debtor does not respond to the writ of summons — the claim is then upheld without any substantive hearing. Valid service of process requires
- Payment order (betalingspåkrav) A payment order is a simplified judicial collection procedure for undisputed claims of no more than 100.000 kr., giving you an enforceable instrument without a full court case. 100.000 kr. monetary limit
- Service of process (forkyndelse) Service of process is the formal delivery of a court document to the debtor — the proof that they have received it. Digital Post, letter post or a process server takes place via
- Small claims procedure (småsagsproces) The small claims procedure is a simplified form of civil proceedings for claims below the threshold, in which the court assists in preparing the case. 50.000 kr. threshold
- Venue (værneting) The venue is the court where a case must be heard — as a general rule, where the debtor lives or has its place of business. The debtor's home forum general rule
- Writ of summons (stævning) A writ of summons is the document that opens court proceedings — it sets out the claim and states the grounds for it to the court and to the debtor. The claim is disputed used when
From dictionary to decision
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