The payment order procedure is an efficient legal mechanism for recovering debts in cases where the debtor does not dispute the claim.
When the payment order procedure is appropriate
The payment order procedure is suitable when:
- the debtor does not dispute the claim;
- the claim is monetary and clearly defined;
- the dispute is not complex and does not require extensive evidence.
If there are grounds to assume that the debtor will dispute the claim or the dispute is legally complex, litigation should be considered instead.
Limitations applicable to claims
The claim submitted in the payment order procedure must not exceed 8,000 euros, including interest and penalties. Ancillary claims, such as interest and penalties, must not exceed the principal claim.
An application cannot be submitted if:
- the payment due date has not yet arrived;
- both parties are required to perform obligations and neither party has yet performed;
- bankruptcy proceedings have been declared against the debtor;
- compensation for non-material damage is claimed.
Court fees and procedural costs
The fee for preparing the payment order application is charged according to the price list. In addition, a court fee must be paid.
Pursuant to Section § 59 of the State Fees Act, the court fee amounts to 3% of the claim, but not less than 65 euros. If 3% of the claim exceeds 65 euros, the higher amount must be paid.
Our support in the payment order procedure
We assist clients throughout the entire payment order procedure:
- assessing whether the procedure is suitable for the specific claim;
- preparing and submitting the application;
- advising on further steps, including initiating litigation if necessary.