Payment Orders: The Fast Route to Enforcement
A Danish payment order can give you an enforceable title without a full court case. Learn the conditions, the process and the costs, and when it is not the right route.
What is a payment order?
A payment order (betalingspåkrav) is a simplified procedure at the bailiff's court (fogedretten) that lets you obtain an enforceable title for an undisputed monetary claim without bringing an ordinary lawsuit. The rules are in chapter 44 a of the Danish Administration of Justice Act (retsplejeloven). If the debtor does not object, the bailiff's court endorses the payment order so that it has the same effect as a judgment. You can then ask the bailiff's court to levy execution on the debtor's assets.
It is one of the most effective tools a Danish business has when a customer neither pays nor responds to reminders.
Conditions for using a payment order
- A monetary claim of no more than DKK 100,000. The limit applies to the principal: interest and costs are not counted.
- The claim is not expected to be disputed. The procedure is intended for claims where you do not expect the debtor to raise objections or counterclaims.
- The claim must be due, and the debtor must first have received a demand for payment. In practice this is your debt collection notice under section 10 of the Debt Collection Act, with a deadline of at least 10 days.
- Use the official form, filed digitally through the courts' portal minretssag.dk.
If the claim exceeds DKK 100,000, or you expect objections, you must bring an ordinary lawsuit instead.
Expert tip: Get your documentation in order first
Gather the invoice, any agreement or order confirmation, reminders and your debt collection notice before filing the payment order. You must be able to state what the claim concerns, when it fell due and when the demand was sent. Errors or omissions can lead the bailiff's court to reject the payment order.
The process step by step
Step 1: Demand to the debtor
Send a demand with all the necessary information about the claim and a deadline of at least 10 days. If payment is not made, you can proceed.
Step 2: File the payment order
Complete the payment order on minretssag.dk and pay the court fee. The bailiff's court checks that the conditions are met.
Step 3: Service and objection period
The bailiff's court arranges for the payment order to be served on the debtor. The debtor then has 14 days from service to object in writing.
Step 4: Endorsement or a lawsuit
If no objection is received, the bailiff's court endorses the payment order so that it has effect as a judgment. Both you and the debtor are notified. If the debtor objects, the case can, at your request, continue as an ordinary lawsuit.
Step 5: Execution
With the endorsed payment order as your enforceable title, you can ask the bailiff's court to levy execution, for example on bank deposits, vehicles or other assets.
Costs and timeframe
The court fee for a payment order is DKK 750, regardless of the size of the claim. Further fees may apply if you later ask the bailiff's court to levy execution. If you use a debt collection agency or a lawyer, their fee comes on top: part of the costs can in principle be recovered from the debtor.
How quickly it goes depends mainly on how easy the debtor is to serve and whether an objection is raised. If the debtor is passive, a payment order is typically much faster than an ordinary lawsuit.
Expert tip: Remember the interest
You can claim late-payment interest under section 5 of the Danish Interest Act (the reference rate plus 8 percentage points) from the due date. State the interest rate and period clearly in the payment order so the court and the debtor can see how the amount is calculated. Check the current reference rate with Danmarks Nationalbank.
When is a payment order not the right route?
- When the debtor has, or can be expected to have, objections to the claim, for example about defects in the goods or service
- When the claim exceeds DKK 100,000
- When the debtor is in bankruptcy or restructuring: you must then lodge your claim with the trustee or restructuring administrator and follow the rules that apply to the estate
Avoid the typical mistakes
- No prior demand: make sure the debtor has received a correct debt collection notice with a deadline of at least 10 days before you file the payment order
- Wrong address: check the debtor's address in the CVR register (Denmark's company register) or the civil registry so service is not delayed
- Unclear breakdown: itemise principal, interest and fees separately
- Disputed claims: do not use the procedure if you know the customer disagrees with the claim
Getting started
A payment order can be the fastest way to your money when the claim is clear and the debtor is passive. It does, however, require careful preparation. If you want help, you can use InkassoHurtig to get no-obligation quotes from police-authorised debt collection agencies and lawyers who can handle the whole process. This content is general information and not legal advice.