Did you know that if your debtor is in the EU you can get a payment order and use it in every country in the EU?
It has never been easier to collect your debt.
Have you done business with a foreign client? And has it occurred that the client does not pay your invoice? We can help you collect your debt faster without a long and endless trial.
How can you do that?
Regulation No 1896/2006 of the European Parliament and of the Council regulates the European Order for Payment Procedure, which is an optional proceeding that may be used in cross-border cases as an alternative to the various equivalent national procedures. The purpose of the procedure is the swift and efficient recovery of uncontested outstanding debts. In this procedure, the claimant shall submit an application, on the basis of which the European Order for Payment is issued automatically. However, the debtor may lodge a statement of opposition within 30 days of the order being issued. The opposition causes the termination of the order and as a result, a court proceeding commences.
European Small Claims Procedure (EC Regulation, No 861/2007): A separately written procedure instituted only for claims up to EUR 2.000. It aims for a process even shorter and simpler the above one. The application goes via standard (online) forms. It is available in all EU Member States (except Denmark) as an alternative to national procedures.
Both procedures are fully written which means that there will not be any need to attend Court hearings.
A European order for payment is issued solely on the basis of the information provided by the claimant (creditor) and is not verified by the Court as such. The Court will only check if it complies with above requirements. If all these are met the EPO thus becomes enforceable, unless the defendant lodges a statement of opposition with the Court of origin.
Innovires experienced lawyers can assist you with:
- filing for an EPO and follow the procedure and keep you informed
- file the application on behalf of the client.
- take care of any necessary translations.
Please contact us if you need any further information.