The Bailiff's Court in Denmark: How an Enforcement Case Works
If you have a judgment or an endorsed payment order but the debtor still does not pay, the bailiff's court is the next step. Here is how to request seizure, what it costs and what happens if the debtor does not turn up.
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
The bailiff's court enforces a claim by seizing (udlæg) the debtor's assets, but only if you have an enforceable title, such as a judgment, an endorsed payment order or an IOU that expressly allows enforcement. The request is filed via minretssag.dk, and the fee is DKK 750 under the Court Fees Act. If no assets are found, you can as a rule only request a new seizure after 12 months.
A judgment or an endorsed payment order gives you the right to the money, but not the money itself. If the debtor still does not pay, you can ask the bailiff's court (fogedretten) to enforce the claim by levying execution (udlæg) on the debtor's assets. Here we go through how an enforcement case about a money claim works under the Danish Administration of Justice Act (retsplejeloven).
What is the bailiff's court?
The bailiff's court is the part of the district court (byretten) that deals with enforcement. For a creditor, its most important task is seizure: the court attaches one or more of the debtor's assets, such as a car, a property or a bank deposit, as security for your claim. The seizure gives you the right to have the asset sold and to be paid from the proceeds if the debtor does not pay.
You need an enforceable title
The bailiff's court does not decide whether your claim is justified. It requires an enforceable title (tvangsgrundlag), as listed in section 478 of the Administration of Justice Act. For money claims, the most important are:
- judgments and court orders, and payment orders endorsed by the court
- court settlements (retsforlig), i.e. settlements made in court
- written out-of-court settlements of debt that has fallen due, when the settlement expressly states that it can serve as a basis for enforcement
- IOUs (gældsbreve), when the document expressly states that it can serve as a basis for enforcement
- mortgage deeds (pantebreve), with extra conditions for some types
If all you have is an unpaid invoice, you first need to obtain an enforceable title, typically through a payment order (betalingspåkrav) or a lawsuit.
Expert tip: Put the enforcement clause in the agreement
If you agree an instalment plan with a debtor, put it in writing and state expressly that it can serve as a basis for enforcement. If the debtor then breaks the agreement, you can go straight to the bailiff's court without first needing a judgment.
How to request seizure
The request is filed digitally through minretssag.dk. It must be filed with the bailiff's court in a court district where the debtor is domiciled, where the debtor runs a business, or where there is security for the claim (section 487).
Under the Danish Court Fees Act (retsafgiftsloven), a request for seizure costs DKK 750. If you already asked in your payment order for seizure to follow automatically if the debtor does not object, you do not pay the fee again for the seizure. The fee lapses if the court refuses to carry out seizure because an unsuccessful attempt was made against the debtor within the last 12 months. Check the current fees on domstol.dk before you file.
The enforcement hearing
The bailiff's court sets the time and place and notifies the debtor where possible. The debtor can be summoned, and can be ordered to attend in person (sections 491, 493 and 494).
At the hearing, the court first asks the debtor to pay voluntarily. As the creditor, you cannot refuse part payments on the claim (section 496). The debtor must give information about their own and their household's finances and must tell the truth under penalty of law (section 497). If payment is not made, the court levies execution on assets that can cover the claim.
As a rule, you must attend yourself, or the court will dismiss the case. For money claims of up to DKK 2,500, not counting interest and costs accruing after the request, you do not need to attend unless the court summons you (section 492).
When the debtor does not turn up
The hearing can go ahead even if the debtor does not attend. If it is held at the court's office, however, seizure can only be made on assets that are registered in a public register, such as cars and real property (section 495).
If the debtor was lawfully summoned and the summons was formally served, the court can order that the debtor be taken into custody by the police until they can be brought before the court. As a rule this is not done if it is very likely that nothing will be recovered anyway, or if it would be out of proportion to the size of the debt (section 494). If the debtor is a company, its director or a board member can be summoned.
What cannot be seized?
Seizure cannot be made on assets, other than real property, that the debtor and household need to maintain a modest home and a modest standard of living. The same applies to assets worth up to DKK 3,000 that are needed for the debtor's or household's work or education (section 509).
Frequently asked questions
Do I have to attend the bailiff's court myself?
As a rule yes, or the court will dismiss the case. For money claims of up to DKK 2,500, not counting interest and costs accruing after the request, you do not need to attend unless the court summons you (section 492 of the Administration of Justice Act).
What cannot be seized?
Assets, other than real property, that the debtor and household need to maintain a modest home and a modest standard of living, and assets worth up to DKK 3,000 that are needed for the debtor's or household's work or education (section 509).
What happens if the debtor does not turn up?
The hearing can go ahead anyway. If it is held at the court's office, however, seizure can only be made on assets registered in a public register, such as cars and real property. If the debtor was lawfully summoned, the court can order the police to bring the debtor in.
When there is nothing to seize
If the court cannot find any assets, the hearing ends without recovery. As a rule, you can only request a new seizure after 12 months, unless there is reason to believe the debtor has acquired assets (section 490). You can, however, ask the court to interrupt the limitation period for the claim in the meantime. If the debtor is a business, it may be relevant to consider lodging the claim in a bankruptcy estate if the business goes bankrupt.
Expert tip: Consider whether seizure is worth it
An enforcement case costs both a court fee and time. Check the debtor's circumstances, for example in the CVR register and the land register, before you file. There is no point spending money on seizure if there is nothing to recover. See also which costs the debtor can be charged.
Enforcement cases can be complicated, especially if the debtor raises objections. Through InkassoHurtig you can get no-obligation quotes from police-authorised debt collection agencies and lawyers who can handle the case for you. This content is general information and not legal advice.