European Payment Order
Have you done business with a foreign client? And has it occurred that the client does not pay your invoice? Recently the possibility that the debt be collected without expensive foreign lawyers has been created. No complicated procedures have to be followed. You can do it by filling out a form. The procedure is entirely a written procedure, unless the court, in exceptional cases, finds it necessary to hold an oral hearing.
There are two new procedures. The first one regards invoices upto € 2.000. All you need to do is fill out the form and send it by mail or fax to the Court. In the event that the form is not filled out completely the, you will receive a request to finalize the form. Once the form is filled out completely, your case is being dealt with.
The court will summon the counterparty within 14 days. It is not necessary that you instruct lawyers or bailiffs. The counterparty will have to respond within 30 days. If the counterparty fails to respond within that time, you will receive the judgment 30 days after that. The judgment may be that your claim is honored but it is also possible that the court requires more information or proof. Again all this is a written procedure.
The second procedure regards the European Payment Order for claim exceeding € 2000. In this case you need to fill out a form. It is possible that the court sends it back to you because it is incomplete and that you are requested to complete the form. Once the form is completed, the court will issue a European Payment Order. The counterparty has 30 days to form a defence. If he fails to do so, a European Payment order is issued. That decision is enough to collect your invoice and it is valid in all of Europe. No other European court will be needed. After the 30 days period has expired, you posses a European Payment Order. That payment is served to your counterparty. Because these cases are not limited to € 2000 an extra guarantee is built in. After the European Payment order has been served to your counterparty, he is given the possibility to produce a defense within 30. If that period expires and the counterparty has not produced its defense, your claim will be honored and the decision becomes irrevocable.
If the counterpary does produce a defense, the case will then proceed like all other cases according to the procedures of the court. In that case an oral hearing will take place. This is a significant difference in comparison with the cases upto € 2.000. In that case you could also revoke your claim.
The two procedure form the end of the EU to simplify cross border debt collections. Use it to your advantage! It is possible to attempt debt collection at reasonably low costs Beware however, that if you find a such a form in your own mail box (for example if you have not paid an invoice) you have to respond in time. The convenience of these forms are not merely there for you, but to all citizens of the EU.
The procedures are valid in all member states of the EU, with the exemption of Denmark. If you require any additional Information on the the debt collection procedures, do not hesitate to Phone us, or fill out the contact form on this website. We can also provide assistance regarding the oral hearings.
Inform us that you wish to use the special rates from this website, by visiting our homepage. www.vallenduuk.nl
Our office is established in the Netherlands. Because of our experience in Road Transport Law where our clients go international we dicovered this easy way. We are one of the first offices who deal with european payment orders. We speak besides Dutch also English. French, German and a little bit Spanish.
In september 2010 a client of ours received a european payment order against a Greek debtor of 65.000 euro!
Small claims (upto 2000 euro): EUR 500,- ex VAT
European Payment Order (more then 2000 euro) EUR 895,- ex VAT
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