Fees in the betalingspåkrav

What does a betalingspåkrav cost?

The betalingspåkrav is a simplified legal procedure in Denmark for asserting undisputed monetary claims of up to 100,000 DKK (excluding interest and the procedural costs themselves).

The fixed court fee is 750 DKK and must be paid upon submission of the application to the relevant Fogedret (enforcement court).

This fee is due even if the debtor later objects to the claim. If the debtor files an opposition within the given deadline, the case is automatically referred to the civil court (Byret) for further proceedings. In this case, additional and significantly higher costs arise.

What costs arise in an almindelig retssag?

An almindelig retssag (regular litigation) is initiated in Denmark either after an objection to a betalingspåkrav or for claims exceeding 100,000 DKK. The costs are more extensive and primarily depend on the value of the dispute (the amount of the claim).

Court fees usually consist of an application fee and an additional hearing fee. These fees increase linearly with the value in dispute.

Court fees in an almindelig retssag (as of mid-2024, subject to change) are approximately scaled by dispute value as follows:

• Up to 50,000 DKK: approx. 750 DKK court fee

• 50,001 – 100,000 DKK: approx. 1,500 DKK court fee

• 100,001 –  250,000 DKK: approx. 3,750 DKK court fee

• 250,001 –  500,000 DKK: approx. 7,500 DKK court fee

• 500,001 – 1,000,000 DKK: approx. 15,000 DKK court fee

• Over 1,000,000 DKK: The fee increases proportionally for the amount exceeding that threshold

Note: This list shows the approximate court fees for a case that proceeds to oral hearing at the Byret. Exact and up-to-date fee rates should be taken from official announcements of the Danish Ministry of Justice or the websites of the Danish courts (domstol.dk).

Additionally, in an almindelig retssag, legal fees are usually incurred since legal representation is common – and often essential – in more complex court proceedings.

These costs are not included in the above court fees. Other costs may also arise, such as for obtaining evidence, expert opinions, or witness testimony.

Who bears the costs in judicial debt collection?

As a general rule in Danish court proceedings: the losing party pays the costs of the prevailing party. If the creditor is fully or partially successful, the debtor is usually required to cover the following:

• The court fees assessed

• The creditor’s necessary legal fees (within legally defined or court-awarded limits)

• Additional necessary expenses such as service or translation fees

However, the creditor must initially advance the costs. This means they typically pay court and legal fees upfront and may recover them from the debtor only if they win the case. If the debtor is insolvent or the creditor loses the case, the upfront costs remain with the creditor.

What additional costs may arise?

In addition to direct court and legal fees, other potential expenses may arise depending on the individual case:

• Translation costs: If relevant documents are not in Danish (or a court-accepted language such as English, Norwegian, or Swedish) and require translation

• Service costs: Especially in cross-border or complex service of legal documents

• Expert witness fees: If a court-appointed expert is needed to clarify technical or complex matters

• Enforcement costs: If, after obtaining an enforceable title (judgment or betalingspåkrav with enforcement clause), further steps are required to enforce the claim (e.g. wage garnishment, asset seizure)

These costs vary significantly depending on the specific case. An experienced debt collection partner in Denmark can help creditors realistically assess these potential expenses.

Are there fixed rates or cost caps?

For the betalingspåkrav, the court fee is legally set at 750 DKK.

For court fees in an almindelig retssag, there is no fixed upper limit. Instead, fees are calculated according to a statutory fee table based on the value in dispute and increase accordingly.

Legal fees are also governed by law, based on the value in dispute and the level of effort involved. This results in varying costs, without fixed flat rates for every case.

Why is cost transparency important?

Having a clear understanding of potential fees and costs is crucial for creditors to make an informed decision about whether initiating legal proceedings is economically viable. It is advisable to weigh the expected costs against the possible return from the outstanding claim.

A betalingspåkrav is often a relatively low-cost and quick solution for undisputed claims. However, if an almindelig retssag is necessary, creditors should carefully assess whether the prospects of success justify the higher costs – and whether the debtor is likely to be solvent.

A professional debt collection partner with expertise in Danish law can provide comprehensive advice and help creditors choose the best and most economically viable strategy for recovering their claims.