European Order for Payment Procedure
Do you have foreign debtors who are not paying your invoice? The European Payment Order procedure may be able to help. This is a relatively simple, standard procedure that can be used in all EU Member States (except Denmark). With the European Order for Payment Procedure you can collect your international claims in a simple, fast and inexpensive way.
European order for payment procedure
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 countries. As a creditor you have to fill in Form A of Annex I of the EEW Regulation and send it to the court together with the supporting documents. The court will decide upon the case in writing.
The processing times for this procedure are very short, so you can quickly obtain clarity about your debt collection case. Importantly, there are few costs associated with this procedure. However, the European Order for Payment Procedure is only suitable for undisputed claims. Are you in dispute with your debtor over the outstanding invoice? If so, the procedure cannot be continued, and a different legal procedure will have to be initiated in order to find a solution to your payment dispute.
Which court deals with the debt collection case?
The form must be sent to the competent court, which will then process the claim. Agreements regarding competent court should have been made during contract negotiations or should be included within your terms and conditions. Has nothing been agreed? In this case, the court in the other party's country is usually competent to deal with the debt collection case. However, this is not always the case. Therefore, always seek the advice of a specialist lawyer to prevent your claim from being sent to a court that is not competent to rule on your payment dispute.
If you file your case with the wrong court, you will incur unnecessary delays. First, you will have to wait for the court to pick up your case before they then write to you informing that they cannot judge your collection case. After which, you then need to start the whole process again with the right court. When it comes to debt collection, timing is everything: if you want your money, you need to act immediately for a better chance of successful collection.
European Order for Payment procedure
- To start a European order for payment procedure, you must fill in the standard form. This form is available in all official languages of the European Union.
- The completed form must then be sent to the court with the supporting documents.
- The court will send the form to the debtor. The debtor is given 30 days to respond if they disagree with the claim.
- Has the debtor disputed the claim? Then the European Payment Order procedure will stop, and another legal procedure will have to be started.
- Is the debtor not responding in time? Then the order for payment becomes final. The order for payment is a valid judgment that can be enforced in any EU Member State (except Denmark).
- If your debtor fails to comply with the judgment of the court, then a bailiff in your debtor's country must be called in to enforce the court's judgment.
“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 start the European Payment Order procedure. Although this is a relatively simple procedure, it is important that the form is filled in correctly. If mistakes are made, this may result in your claim not being granted. And of course, you want to avoid that! Therefore, you should always ask the advice from a specialist lawyer.
The advantages of a Bierens Debt Recovery Lawyer
- Succesfully recovering debt since 1952
- Always honest and clear advice
- Specialist laywers in international debt recovery
- Every year we collect thousands of outstanding invoices
Translate the form
Are there several countries involved in your collection case? Then the forms need to be translated. This is because the form must be drawn up in the language of the court in which you file the claim. The costs of this are lower than if you had to translate a summons. Make sure, however, that the translation is done by a specialist. If the form is not translated properly, it could have a negative impact on the judge's decision.
When should you issue a European Payment Order?
- In case of international conflicts
- Both parties are based in a European Member State (except Denmark)
- In civil or commercial matters
- For undisputed claims
Send us your case before 16:00pm and we'll get to work immediately!
Receivables less than €5,000?
Is your claim lower than €5,000? If so, the Small Claims Procedure can also be used. This is an efficient and fast procedure for small claims. This procedure is reasonably similar to the European Payment Order procedure. Of course, there are also other legal proceedings that we can take against your foreign debtor. Our international lawyers will be happy to tell you more about the possibilities.
“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
Specialists in International Debt Collection
Our 35 international lawyers are specialists in debt collection across Europe. From the moment that you hand your case over to us, we will do our utmost to resolve the matter as soon as possible. Whether this concerns a straightforward debt recovery matter or a complicated legal conflict, we will unburden you.
More information about the European order for payment procedure
Would you like more information about this legal procedure? Or do you have other questions about debt collection abroad? Please feel free to contact us. We will be happy to help you.
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