What happens when before collection?
If you think you may have difficulty paying, it is important that you contact us for a dialogue when the payment deadline approaches. Either with the person you bought or borrowed from, or us as a debt collection agency. If the case proceeds to collection, collection costs are added to the debt as well as late payment interest in most cases. Here you can see how much it costs if the case proceeds to debt collection. Below you will see a general overview of what happens and when in the debt collection process. Exceptions may occur in individual cases.
1. Invoice
An invoice is a document that confirms a sale between two parties and contains an explanation of what has been purchased, the price to be paid and other payment terms. The due date on the invoice is the deadline within which the invoice amount must be paid.
2. Reminder
If you do not pay the invoice before the payment deadline, you may receive a reminder. According to the law, the person who has sold something does not have to send reminders, but most do it anyway. If a reminder is sent, the person who receives the reminder must manage to pay it before a collection demand is issued. It must be stated in the seller’s terms and conditions if the reminder is accompanied by a reminder fee.
3. Debt collection requirements
Collection claims are issued after the invoice is due, or a number of days after the reminder. In connection with the debt collection demand being issued, a collection cost is added to the debt. The claim states what the basis for the claim is and informs you of the options you have to object to the claim and any further measures. The debt collection claim has a payment deadline of 8 days.
4. Payment order
If the debt collection claim is not paid within the deadline, cases can be brought to court in the form of an application for a payment order with the Kronofogdestyrelsen. In connection with this, additional costs are added to the debt. The bailiff issues a receipt for service to the person to whom the application is addressed. Once the service receipt is signed, the person who owes money has 10 days to pay the claim.
5. Statement and payment note
If the debt is not paid 10 days after the signed service receipt, the Kronofogden determines the debt by order. In connection with this, the information companies receive a message, and they in turn issue a payment note. Payment notice for a private person remains for 3 years.
6. Performance
30 days after notification of the decision, a request for enforcement can be sent to the Kronofogden. In the summons, the bailiff is requested to enforce the order, usually by attachment, if the claim relates to a claim. The bailiff always tries to collect what causes the least damage to the person who has a debt, and the most common is that money is deducted directly from the salary. If the debt is larger and there are other assets, for example a property, the Kronofogden can seize this by sale.
7. Referral to the district court
If a dispute arises about the claim, the case can be brought to the district court for decision. Depending on the size of the claim, the party that loses the process may be required to pay legal costs for the party that wins the case. The decision in the district court results in a judgment that becomes final after 30 days. If the district court determines that there is an obligation to pay, the judgment can be used to enforce the claim just like a warrant.