European Small Claims procedure
Do you have a business claim of up to €5,000 with a European trading partner? Then you may consider initiating the European Small Claims procedure. Contrary to regular court proceedings, the European Small Claims procedure offers a faster and cheaper solution to retrieve your international claims. Our debt collection lawyers at Bierens can help you initiate the European Small Claims procedure. Our specialists frequently make use of this procedure and can tell you everything you should know.
European Small Claims procedure regulation
The European Small Claims procedure is an effective judicial procedure for international claims up to €5,000. It is a relatively simple procedure that can be used in almost all EU Member States for small claims. If your claim is more than €5,000, then you will have to consider other proceedings.
Competent court
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 Small Claims 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.
How does the European Small Claims procedure work?
If you and your debtor are an EU member state, you can apply for this procedure. You will have to fill out the European Small Claims procedure form A, which can be found on the e-Justice Portal. You can then expect the following:
Once the judge has reached a verdict, you will be informed as soon as possible. The decision can then be enforced in your debtor’s country without further action. If your debtor fails to comply, then a bailiff can be hired to enforce the judgement.
Hiring a debt collection lawyer for the European Small Claims procedure
Although you can apply for the European Small Claims procedure yourself, it may not always be as straightforward. Our international debt collection attorneys can help you submit and respond to the forms to avoid any mistakes. This way you avoid the possibility that the court will reject your application.
Since the forms for the European Small Claims Procedure will have to be translated in the language according to the country where litigation will take place, the forms must be drafted correctly. Since our native in-house lawyers are fluent in their language, there is always a specialist available to help you apply for the European Small Claims procedure.
Why choose Bierens Collection Attorneys
European Small Claims procedure costs
The costs for the European Small Claims procedure are much lower compared to the cost of regular legal proceedings. The process of initiating legal proceedings, however; is subjected to court fees. Depending on where litigation will take place, you can find more information on which fees apply to your case on the courts’ website. In addition, certain costs will have to be incurred for the translation of the forms. If you receive a positive verdict, then you can usually recover a partial amount of the costs of the proceedings from the counterparty
When should you file a European Small Claims procedure?
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 forBen Blad / KLM
More information about the European Small Claims 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