Bailiff court meeting - what does it mean?
You won't be punished or left with a criminal record
You may have received a summons to a bailiff court meeting in your e-Boks and been startled. It may sound dramatic and evoke unpleasant associations with guilt and punishment. But in principle, a bailiff's court hearing is about nothing more than establishing that you have debts that you haven't paid. And even if a judgment is handed down, it doesn't mean you'll be punished or that you'll leave the meeting with a criminal record.
You may be summoned to a bailiff's court meeting if, despite repeated requests, you fail to settle your debt. Ultimately, it is the company you owe money to that decides whether to take your case to the bailiff court. The intention is both to speed up an agreement to settle your debt and to obtain a so-called foundation. A foundation - in this case a judgment in the bailiff court - means that the general statute of limitations on your debt is postponed by 10 years from the date of the judgment.
Debt is not up for discussion
An average bailiff court meeting takes about 10 minutes and typically takes place at the bailiff's office. The bailiff has already considered the documentation for the claim and as such your debt is not up for discussion. However, there will be a negotiation about how you can settle the debt. In this connection, you will be asked about a number of personal financial matters, including whether you own anything of value. If the latter is the case, the creditor (the company you owe money to) can ask for the car, caravan, house or whatever it may be to be seized.
If you do not enter into an agreement to settle your debt - or default on an agreement - you risk the creditor demanding that the attachment be realized, i.e. that your valuables are sold at a forced auction. This also happens through the intervention of the bailiff.
You make a statement under criminal liability in the bailiff's court.
Disagreements take place in civil court
If you disagree with the claim, you do not need to appear at the bailiff's court at all. However, you must object to the claim when you first receive a so-called service of process from the bailiff court. You have 14 days from the date you receive the notification in your e-Boks to file an objection. The case will then be transferred to the civil court, where a judge will decide whether the claim against you is justified.
If you do not respond to the service, you will be summoned to a bailiff court meeting. And then you have an obligation to show up.
If you fail to attend a bailiff court meeting you have been summoned to - and have not reported a valid absence - you will be sent to so-called police production. This means that you will be searched by the police and arrested for presentation to the bailiff court.
The vast majority of bailiff court meetings end with an amicable solution where the creditor and debtor reach an agreement to settle the debt.