European Order for Payment procedure

Do you have a foreign debtor who refuses to pay your invoices? The European Order for Payment may be able to help. This is a relatively simple, standard procedure that can be used in all EU Member States, except in Denmark. With the European Order for Payment procedure, you can collect your international claims in a simple, fast and inexpensive way.

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Applying for the European Order for Payment

The European Order for Payment procedure is an effective judicial procedure for international claims. It is a relatively simple procedure that works the same way in all EU member states, except in Denmark. As a creditor, you have to fill in Form A of Annex I of the EEW Regulation and submit it to the court together with the supporting documents. The court will decide upon the case in writing.

The processing times for this procedure is relatively short. This means that you can obtain a court verdict on your debt collection case in a short period of time. Although the costs are also relatively low, the European Order for Payment procedure is only suitable for undisputed claims. If you are in dispute with your European trading partner, the then European Order for Payment cannot be initiated. You will then have to consider other legal option.

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European Order for Payment procedure

  1. To initiate the European Order for Payment procedure, you must fill in the standard form. This form is available in all official languages of the European Union.
  2. The completed form must then be sent to the court with the supporting documents.
  3. The court will send the form to the debtor, who has 30 days to respond.
  4. If the debtor disputes the claim, then the European Order of Payment will be stopped. Other legal proceedings will have to be considered.
  5. If the debtor fails to respond on time, then the European Order of Payment can be enforced in any EU member state (except Denmark).
  6. If your debtor fails to comply with the court's verdict, then a bailiff in your debtor's country can be hired to enforce the court's judgment.

Which court can solve your debt collection case?

When agreeing on the terms and condition in your contract, you can make agreements on the competent court in the event of a payment conflict. If no agreements have been made, then the court in your debtor’s country is considered the competent court and you will have to litigate abroad.

If you file your debt collection case with the wrong court, this can cause delays in the process. Once applying for the European Order for Payment procedure, the court will first view your case. If they cannot process the case, they will inform you. You will then have to repeat the process with the correct court. With our debt collection specialists by your side, your time will not be wasted. We can act swiftly on your behalf to ensure the case is filed with the correct court so that you can retrieve your payment as soon as possible.

“Bierens and its team of international lawyers understand the needs of companies and can adapt to any situation.”

Lea Macedoni / Alessi

Do you need a lawyer for the European Order for Payment?

Our lawyers can help you to initiate the European Order for Payment procedure. Although this is a relatively simple procedure, it is important that the form correctly completed. If mistakes are made, the court may reject your request. More specifically, when dealing with an international debtor, the form will also have to be translated. The European Order for Payment will have to be drafted in the language of the court where the case will be filed. Additional costs will be charged, and if the form is not correctly translated your request may be denied. With our debt collection specialists by your side, your time will not be wasted. We can act swiftly on your behalf to ensure the case is filed with the correct court and drafted in the same language as your debtor.

Why choose Bierens Debt Recovery Lawyer

  • Deploy appropriate resources to pressurise your debtor to pay
  • Contacts with international bailiffs and private detectives
  • Access to the largest international B2B debt collection databases
  • Customised business debt collection approach
  • Experienced in initiating the European Order of Payment procedure
  • Native lawyers to help you file your case
  • Knowledge on European judicial procedures

When should you issue a European Order of Payment?

  • In the case of an international conflicts
  • Both parties are based in a European Member State (except Denmark)
  • In civil or commercial matters
  • For undisputed claims
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Debt collection case less than €5,000?

If your claim is less than €5,000, then you can consider the European Small Claims procedure instead. This is an efficient and fast procedure for small claims. The European Small Claims procedure is reasonably similar to the European Order of Payment, but different conditions may apply. Our debt collection specialists will be happy to assist you in determining the right approach for your debt collection case.

“Bierens are specialists in the field of business-to-business debt recovery. Their approach stands for quality, decisiveness, and results, which is exactly what KLM is looking for.”

Ben Blad / KLM

More information about the European Order for Payment

Our 35 international lawyers are specialists in debt collection across Europe. From the moment you transfer your case, we will do our utmost to resolve the matter as soon as possible. If you would like more information about the European Order for Payment, feel free to contact us. We will be happy to help you.

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