Demand for payment

If you have a customer who has not paid your invoices, debt collection is often a very effective way to recover all or part of your claim.

If you are involved in debt collection and debt recovery in general, it is important to know about a demand for payment. But what can you as a company and creditor actually use a demand for payment against a debtor?

In this article, we highlight everything you need to know about demand for payment as a business.

What is a payment order?

Et betalingspåkrav er et juridisk dokument eller blanket, du som privatperson, virksomhed, inkassofirma eller advokat kan sende til fogedretten, hvis en debitor skylder dig penge, og du nu ønsker fogedrettens hjælp til inddrivelsen.

If you as a company expect your debtor to agree with the claim and have not objected beforehand, you can make use of a simplified debt collection process.

To make use of the simplified debt collection process, the principal amount of the claim (excluding interest and any costs) must not exceed DKK 100,000.

The payment claim is a form that you can find on the bailiff court's website.

You have the option of submitting the form in physical form or by email.

In other words, the demand for payment is the start of judicial debt collection - that is, debt collection with the help of the court. Out-of-court debt collection is often referred to as extrajudicial debt collection.

What does a payment order contain?

A demand for payment is a form prepared by the bailiff court under the Danish courts. The form is made up of 9 sections to be filled in by you as a creditor, your debt collection company or your lawyer.

The fields in the form contain:The fields in the form contain:

1) Information on the creditor

In this box, you as a company (or its representatives) must provide information about the creditor and who is owed money.

Here you enter the creditor's general information, name, address and if the creditor is a company, it is important to state its legal form. Here you enter the creditor's general information, name, address and if the creditor is a company, it is important to state its legal form.

2) Information on the debtor

In this field, you must provide information about your debtor.

Please provide as much of the information you have on the debtor as possible: name, address, telephone number - and if the debtor is a company, you should give its legal form.

If the debtor is more than one person or legal entity, everyone's contact details must be stated in the demand letter. If the debtor is more than one person or legal entity, everyone's contact details must be stated in the demand letter.

3) Choose the bailiff court

In the 3rd box of the payment order, you have to choose the enforcement court where the case should be brought.

The order for payment must normally be delivered to the judicial district in which the debtor lives. In other words, if your debtor lives in Frederiksberg, the claim must be sent to the enforcement court in Frederiksberg.

If there are several debtors living in different jurisdictions, the creditor is free to choose the court of enforcement of his choice.

Under special circumstances, it is possible to choose a different bailiff court than the one to which the debtor belongs, however, the reason for this must be written in the payment demand by the debtor. Under special circumstances, it is possible to choose a different bailiff court than the one to which the debtor belongs, however, the reason for this must be written in the payment demand by the debtor.

4) The amount of the claim

In box 4 of the payment demand, the principal amount of the claim must be stated. The amount stated is without interest and any fees. If you as a creditor have imposed interest and fees, these must be stated separately.

Please note that the principal amount of the claim (without interest and fees) may not exceed DKK 100,000. please note that the principal amount of the claim (without interest and fees) may not exceed DKK 100,000.

5) The presentation of the case

In box 5 of the payment order, the creditor must indicate how the claim arose and the composition of the claim.

Make sure you describe the case in such a way that neither the bailiff nor the debtor is unaware of the claim and what the claim is about.

For example, make sure to state that the claim is an invoice claim, the amount of the claim, the invoice date and any due date.It is also a good idea to attach the invoice as an attachment to document your claim.It is also a good idea to attach the invoice as an attachment to document your claim.

6) The claim for the debt collection notice sent (letter of demand / debt collection notice)

In this section, you must indicate whether a debt collection notice has been sent to the debtor.

It is very important that you as a creditor or their representatives; debt collection company, lawyer or other 3rd party, have sent a legally valid debt collection notice to your debtor prior to sending the debt collection notice.

If this is not sent to the creditor, the payment claim will be rejected If this is not sent to the creditor, the payment claim will be rejected.

7) Creditor's wishes to the enforcement court

In this section, you must tell the court what you want the enforcement court to help you with. This could be, for example, an attachment or the initiation of legal proceedings.

8) The court fee

There is currently a court fee of DKK 750 to be paid to the bank account of the court of enforcement. See the always current court fees on the website of the bailiff court.

9) The date

In this box, enter the date when the form was completed (today's date).

What are the requirements for a payment demand?

If you are a company or private individual, you have the option of submitting a demand for payment to the bailiff court - and thus ask the bailiff court for help with collection.

In order to send a payment demand, you must have one or more unpaid invoices - in other words, the payment deadline has been exceeded.

In addition, it is important that you have sent a demand letter to the debtor prior to the payment demand. The demand letter is also referred to as a reminder letter in the bailiff's court - but in everyday speech, most people know demand letters as a debt collection notice.

This notice must meet the conditions in section 10 of the Debt Collection Act.

In box 6 of the payment claim, you must fill in when the letter was sent.

If the demand letter has not been sent to the debtor and the debtor has not been given a minimum 10-day payment deadline prior to the payment demand, the case cannot be initiated.

It is not necessary to have sent reminders or performed extrajudicial debt collection prior to the payment claim.