Almindelig Retssag

What is an almindelig retssag?

An almindelig retssag is the standard civil procedure in Denmark. It is used when a quick resolution through a simplified process such as the Betalingspåkrav is not possible. This is the case, for example, if the debtor objects or the claim exceeds 100,000 DKK.

The procedure is held before the Byret. In cases involving particularly high amounts or complex issues, the Landsret may also be competent.

An almindelig retssag is more extensive than the payment order process and often includes an oral court hearing. The process is usually supported by attorneys. The court examines both parties’ arguments, may request additional documents or evidence, and ultimately makes a legally binding decision.

When is a lawsuit necessary?

A lawsuit becomes necessary when:

• The claim exceeds 100,000 DKK (excluding interest and fees)

• The debtor disputes a claim (e.g., following a Betalingspåkrav)

• The claim is legally or factually disputed

• The debtor files counterclaims

• The case involves specific contract types, such as consumer credit agreements

Even if the debtor does not formally object but repeatedly ignores payment requests, it may be useful to initiate legal proceedings to apply pressure and obtain an enforceable title.

In such cases, the court examines the matter more closely. The procedure ends with a judgment that can be used as an enforceable title. This title then allows enforcement actions to be initiated.

Who conducts the procedure?

The process is conducted by a Danish civil court – usually the Byret. In certain cases, such as appeals or very high-value claims, the Landsret may be responsible.

Parties involved in the process include:

• The plaintiff (creditor)

• The defendant (debtor)

• Their attorneys

• The court with one or more judges

• Possibly witnesses or expert advisors

In more complex matters or detailed contract relationships, expert opinions may be obtained or written correspondence from previous months may need to be submitted.

How does an almindelig retssag proceed?

1. Filing the complaint

The lawsuit is filed with the competent court and must include:

• The exact claim

• The legal basis

• Evidence and documents

• Information about the parties

The complaint must be submitted in Danish. International creditors often require legal assistance. In many cases, the complaint is submitted electronically via the Danish court portal.

2. Serving the debtor

The court sends the complaint to the debtor, who may then:

• Acknowledge the claim

• Dispute the claim

• File a counterclaim

• Try to resolve the case through settlement

In their response, the debtor must also address the matter and, if necessary, submit their own evidence.

3. Preparing the hearing

The court decides how the case will proceed. In simple cases, a written decision may be possible. For more complex or disputed matters, an oral hearing is usually scheduled.

Before the hearing, there may be several rounds of written submissions. The court often asks the parties to present their case clearly in advance and, where possible, to consider settlement discussions.

4. Oral hearing

At the hearing, the parties appear before the court. Both sides present their arguments and evidence. Witnesses or experts may also be heard.

The judge asks questions, clarifies any uncertainties, and records the proceedings. In some cases, the hearing is split over multiple sessions.

5. Judgment

After the hearing, the court delivers a decision. The judgment is provided in writing and constitutes an enforceable title. With this, the creditor can apply for enforcement – such as through the Fogedret.

The losing party may appeal the judgment, provided certain conditions are met. The appeal period is generally four weeks.

What does an almindelig retssag cost?

Costs depend on the value of the claim and the complexity of the case. These may include:

• Court fees (based on the claim amount)

• Attorney fees

• Translation costs

• Possibly expert or witness costs

• Travel expenses for those involved

The higher the claim value, the higher the fees. In extensive cases involving multiple parties or significant evidence, total costs can increase substantially.

The losing party usually has to pay both their own costs and those of the opposing party. The winner can generally recover their expenses, although there is no guarantee that all costs will be fully reimbursed.

What applies to international creditors?

Creditors from abroad can also file a lawsuit in Denmark. This requires that the debtor resides in Denmark or there is a connection to Denmark (e.g., via a contract).

Important points:

• The complaint must be submitted in Danish

• Documents may need to be translated

• A Danish attorney is usually necessary

• The hearing takes place in Denmark

Depending on the case, a European procedure such as the European Payment Order may also be an option – but only for uncontested claims.

With thorough preparation and legal support, claims can be successfully pursued even from abroad. Close communication with an experienced Danish legal representative is particularly helpful.