Court Debt Collection in Denmark: From Payment Order to Seizure
When reminders and a debt collection notice do not work, the route goes through the courts: a payment order or a lawsuit, then seizure in the bailiff's court. The steps, fees and pitfalls.
info General information, not legal advice. Rules and rates can change, so always check the current rules and get advice on your specific case. Disclaimer
Short answer
Court debt collection is recovery with the help of the courts. If the claim is undisputed and no more than DKK 100,000, you use a payment order; otherwise an ordinary lawsuit. Once you have an enforceable title, such as an endorsed payment order or a judgment, the bailiff's court can seize the debtor's assets. A payment order and a request for seizure each cost DKK 750 in court fees.
From out-of-court to court collection
Out-of-court collection means reminders, a debt collection notice and negotiation. If the debtor still does not pay, the next step is to obtain an enforceable title (tvangsgrundlag): a document the bailiff's court can enforce. An unpaid invoice is not enough on its own. Before you go to court, the debtor must have received a letter of demand with a deadline of at least 10 days under section 10 of the Debt Collection Act.
Route 1: A payment order
A payment order (betalingspåkrav) is a simplified procedure under chapter 44 a of the Administration of Justice Act (retsplejeloven) for undisputed money claims of up to DKK 100,000 excluding interest and costs. It is filed via minretssag.dk, and the court fee is DKK 750. Once the order has been served, the debtor has 14 days to object. If there is no objection, the bailiff's court endorses the order, and it has the same effect as a judgment. Read more about payment orders.
Ask for seizure in the payment order
If you ask in the payment order itself for seizure to follow if the debtor does not object, you do not pay the court fee again for the seizure. Check the current fees on domstol.dk before you file.
Route 2: A lawsuit
If the claim is disputed or larger than DKK 100,000, it must be decided in an ordinary lawsuit, started with a writ (stævning) via minretssag.dk. If the debtor objects to a payment order, the case can continue as an ordinary lawsuit at your request. Claims of up to DKK 50,000 are as a rule handled under the small claims rules, where the judge guides the parties and you do not need a lawyer.
If you win, the court will as a rule order the other party to pay your legal costs using guideline rates, but this does not necessarily match your actual bill. Read about when you need a lawyer.
Other enforceable titles
Under section 478 of the Administration of Justice Act, the bailiff's court can also enforce, for example, court settlements and an IOU (gældsbrev) that expressly states it can serve as a basis for enforcement. With such an IOU you can go straight to the bailiff's court without first needing a judgment or a payment order.
Seizure in the bailiff's court
With the enforceable title you can ask the bailiff's court for seizure (udlæg) via minretssag.dk. The fee is DKK 750. At the hearing, the debtor is first asked to pay voluntarily and must give information about their finances. If payment is not made, the court seizes assets that can cover the claim, such as a car or a bank deposit. As a rule you must attend yourself. Read more about how an enforcement case works.
Check whether there is anything to recover
A lawsuit and an enforcement case cost both fees and time. Check the debtor's circumstances, for example in the CVR register, before you start. If there are no assets, you can as a rule only request a new seizure after 12 months.
Frequently asked questions
How long does court debt collection take?
It depends mainly on how easy the debtor is to serve and whether there is an objection. If the debtor is passive, a payment order is typically much faster than an ordinary lawsuit.
Do legal steps interrupt the limitation period?
Yes. A payment order, a writ or a request for seizure interrupts limitation when the step is pursued within a reasonable time. Reminders do not. Use our limitation calculator.
Can I do it myself without a lawyer?
Often yes for undisputed claims and small claims. For disputed claims above the small claims limit or legally complicated cases, a lawyer is often a good investment.
Getting started
Gather the invoice, agreement, reminders and debt collection notice before you go to court, so you can document the claim. Through InkassoHurtig you can get no-obligation quotes from police-authorised debt collection agencies and lawyers. This content is general information and not legal advice.