Objection in debt collection cases - Debtor disagrees, what do I do?
Every day, Danish companies send out thousands of invoices, and fortunately, the vast majority are paid without any problems.
Nevertheless, many companies experience customers objecting to a claim. This can be frustrating, time-consuming, and create uncertainty about how to handle the matter, especially when it has already been sent to debt collection.
In this article, we explain what an objection is, how you should handle it, and what it means for the debt collection process if the debtor disagrees.
What is an objection?
An objection is when a customer (debtor) objects to a claim – typically because the customer believes that:
- the work has not been performed correctly
- the goods or services do not comply with the agreement
- the price is not as agreed
- the delivery is defective or delayed
The objection may relate to the entire claim or parts thereof.
There is no fixed legal definition of what constitutes an objection, nor is there a de minimis limit. In principle, a customer can object to even minor issues. Documentation therefore plays a crucial role.
That is why documentation is crucial
When an objection arises, it quickly becomes clear how strong your case is, and this almost always depends on the documentation.
Our experience shows that companies are significantly stronger if they can document:
- what has been agreed
- what has been delivered
- when it is delivered
- what price is accepted
The better the documentation, the easier it is for you—and possibly your debt collection agency, lawyer, or bailiff—to reject an unjustified objection.
How to minimize the risk of objections
Although objections can never be avoided 100%, you can significantly reduce the risk.
We recommend that you ensure at least the following:
- written acceptance of price and delivery
- written documentation of price changes
- clear agreement on delivery date and content
- customer approval prior to delivery
- documentation of the entire dialogue
- correct and complete contact details for the customer
In short: The better your agreements and deliveries are documented, the fewer conflicts will typically arise.
Objections and debt collection – what applies?
When a customer raises an objection, it has a direct impact on the debt collection process.
If an objection is raised against the claim:
- no additional fees may be charged
- the case must be suspended until the objection has been dealt with
This applies regardless of whether the case is handled by you, a debt collection agency, or a lawyer.
Therefore, prompt and correct handling of the objection is crucial – both legally and in order for the case to proceed.
How should you handle an objection?
In most cases, you should try to resolve the objection directly with the customer through dialogue.
This typically involves:
- review of agreement and documentation
- clarification of misunderstandings
- possible adjustment or compromise
Many objections are actually resolved without further escalation once documentation and dialogue are in place.
If no solution can be found and the customer maintains their objection, the case should be referred to a debt collection agency or a lawyer with experience in disputed claims.
Is an objection a "free pass" to not pay?
No—and that is a common misconception.
If no agreement can be reached and the claim is deemed justified, the case may be brought before the court. Typically, the debtor will be summoned to appear before the relevant civil court.
If the following occurs:
- the debtor does not respond within the deadline (typically 14 days)
- or the court rules in favor of the creditor
→ a judgment is rendered, and the claim can then be collected.
With a judgment, the case can be brought before the bailiff's court, where the debtor's assets —e.g., vehicles, property, or deposits—can be seized.
Conclusion
An objection in a debt collection case does not mean that the claim automatically lapses, but it temporarily changes the rules of the game. When a customer raises an objection, the case must be handled correctly and in a timely manner, and the debt collection process must be suspended until the dispute has been resolved.
In practice, the vast majority of objections are decided on the basis of documentation. If you have clear agreements, written acceptance, and a clear overview of the delivery, you are in a much stronger position—both in your dialogue with the customer and in any further proceedings involving debt collection, lawyers, or the courts.
Many conflicts can be resolved through objective dialogue, but if the disagreement persists, an objection is not a free pass to avoid payment. If the parties cannot agree, the case may ultimately be decided in court, and a justified claim can still be recovered.
The most important advice is therefore simple: the better you document agreements and deliveries from the outset, the easier it is to handle objections, and the greater the likelihood that the case will be resolved correctly and efficiently.
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