Betalingspåkrav

What is the Betalingspåkrav?

The Betalingspåkrav is a simplified judicial dunning process in Denmark, introduced to efficiently and cost-effectively enforce undisputed monetary claims of up to 100,000 DKK (excluding interest and legal costs). It serves as an alternative to regular litigation and allows creditors to obtain an enforceable title if the debtor does not respond or does not object to the claim.

The procedure is carried out before the fogedret (Danish enforcement court) and is used to legally secure claims when out-of-court reminders (udenretlig påkrav) have proven ineffective.

The term “Betalingspåkrav” refers not only to the process itself but also to the corresponding form – the betalingspåkrav-blanket. This form is submitted to the court and includes all essential details about the claim, the parties involved, and the possible responses of the debtor.

Purpose

The goal of the Betalingspåkrav is to provide creditors with a quick way to collect claims without having to go through extensive court proceedings. The process is designed to minimize the cost and effort required for debt enforcement.

A successful conclusion of the process results in the issuance of an enforceable title. This title entitles the creditor to initiate enforcement proceedings against the debtor to collect the claim. This may include wage garnishment, account seizure, or the seizure of tangible assets.

When is a Betalingspåkrav appropriate?

Suitable situations

The Betalingspåkrav is especially useful when the following conditions apply:

• Undisputed claims: The debtor has neither contested the claim nor asserted any counterclaims.

• Claim amount of up to 100,000 DKK: The procedure is limited to claims not exceeding 100,000 DKK. For higher amounts, regular litigation must be initiated.

• Swift enforcement: The creditor seeks a quick resolution, especially if out-of-court reminders have failed.

• No expected objections from the debtor: The process is particularly suitable when no serious objections to the claim are expected.

When is it not suitable?

The Betalingspåkrav is not appropriate if:

• The debtor contests the claim or asserts counterclaims.

• The claim amount exceeds 100,000 DKK.

• The debtor resides outside Denmark.

• The case is complex and requires detailed legal assessment or extensive evidence.

• The claim arises from consumer credit, which is subject to special legal requirements.

• The creditor cannot advance the court fees.

What does the Betalingspåkrav cost?

Court fees

The costs of the Betalingspåkrav primarily consist of court fees. The base fee is 750 DKK and must be paid upon filing the application with the relevant Fogedret. For higher claim amounts, the fee may be scaled. This fee applies regardless of whether the debtor files an opposition or not.

Additional costs

In addition to court fees, the following costs may apply:

• Attorney fees: If the creditor hires a lawyer, additional fees may be incurred.

• Translation costs: Documents not in Danish must be translated.

• Enforcement costs: If enforcement proceedings are initiated, additional fees will apply.

Who bears the costs?

Generally, the debtor bears the costs of the process if the creditor’s application is successful. However, the creditor must advance these costs. If the procedure is concluded successfully, these costs can be reclaimed from the debtor along with the principal claim.

If the debtor is insolvent or the process fails, the creditor bears the costs.

How does a Betalingspåkrav procedure work?

1. Initiating the process

Before starting a Betalingspåkrav procedure, the creditor must send the debtor a written payment request. The application can only be submitted 10 days after the debtor has received this request.

However, it is advisable to allow the debtor a bit more time (about 14–20 days) to avoid disputes over deadlines and to enable an out-of-court settlement.

2. Completing the form

The creditor must submit a standardized form – the betalingspåkrav-blanket – to the Fogedret, which must include the following information:

• Creditor details: Name, address, and, if applicable, attorney.

• Debtor details: Name and address.

• Court details: The competent Fogedret.

• Description of the claim: Type, amount, and legal basis of the claim.

• Information on legal effects and remedies: Explanation of the potential legal consequences.

• Continuation options: Instructions on what should happen if the debtor is insolvent or files an opposition.

The betalingspåkrav-blanket is a standardized official form that can be submitted digitally or on paper. It forms the basis of the entire process. It is essential that all information is complete and accurate – otherwise, the court may reject the application. If unsure, it is advisable to seek help from an experienced service provider or attorney.

3. Service to the debtor

The court serves the payment request to the debtor, who then has 14 days to respond. During this period, the debtor can file an opposition, make a partial payment, or request an installment plan.

If the debtor does not respond or file an opposition within this period, the creditor can apply for an enforceable title.

4. Obtaining an enforceable title

If the debtor remains inactive or does not file an opposition, an enforceable title is issued. This title entitles the creditor to initiate enforcement measures to collect the claim.

How can the Betalingspåkrav process be terminated or interrupted early?

The Danish dunning process (Betalingspåkrav) can end in various ways. Below are the main ways the process can be terminated or interrupted.

1. Out-of-court settlement saves time and costs

An out-of-court settlement is often the fastest solution. The creditor can halt the process if both parties reach an agreement. This saves:

• Court fees

• Time

• Effort for both parties

Installment payments are possible and can be documented with the fogedret (Danish enforcement court).

2. Withdrawal of the application is possible at any time

The creditor can withdraw the application as long as no enforceable title has been issued. The claim remains valid and can be asserted again later, as long as it has not expired.

3. Opposition leads to regular litigation

If the debtor files an opposition within the 14-day period, the simplified procedure is automatically converted into regular litigation (almindelig retssag). Important points:

• The creditor must decide whether to proceed

• Higher legal and attorney costs arise

• The procedure moves from the Fogedret to the civil court (byretten)

• The creditor has four weeks to file a formal lawsuit

If the creditor misses this deadline, the application is considered withdrawn.

4. Partial payment as a special feature in the Danish system

An advantage of the Danish dunning process: If the debtor pays part of the claim, the process can continue for the remaining amount – as long as no opposition has been filed.

5. Keep an eye on the statute of limitations

Filing a Betalingspåkrav temporarily suspends the statute of limitations. If the process ends unsuccessfully, the limitation period resumes. In Denmark, claims usually expire three years after they become due.

What happens with claims over 100,000 DKK?

The simplified dunning process Betalingspåkrav is only applicable to claims up to 100,000 DKK (excluding interest and legal costs). If the claim amount exceeds this limit, creditors must resort to regular litigation – the so-called almindelig retssag.

This procedure is conducted before the competent Byret (civil court) and differs significantly from the Betalingspåkrav in terms of procedure, complexity, and cost.

As part of an almindelig retssag, the creditor must submit a formal lawsuit that thoroughly outlines and legally substantiates the matter. Unlike the dunning process, a standardized description is not sufficient. It is generally advisable or even necessary to engage a lawyer, as the procedure may include oral hearings and the taking of evidence.

However, the goal remains the same: obtaining an enforceable title, which allows for enforcement measures such as wage or account garnishment against the debtor.

The almindelig retssag involves higher costs, takes longer, and requires more effort. Nevertheless, it is the only judicial option available to creditors if the claim exceeds 100,000 DKK or is disputed.

What is the difference between Betalingspåkrav and Betalingspåkrav-blanket?

In practice, the terms are often used interchangeably, but there is a slight distinction:

• Betalingspåkrav refers to the entire judicial process for enforcing a monetary claim.

• Betalingspåkrav-blanket is the specific form used to initiate this process.

Anyone who wishes to assert a claim must correctly complete this form and submit it to the competent Fogedret. Only then does the actual dunning process begin.