The Law Office

Si vis pacem para bellum.

Those who desire to live in peace, prepare for war.

European order for payment

Troubles with a dishonest debtor? Doesn’t he want to pay? Does he question the existence of the debt? Has he left for Poland? Don’t you know where your debtor stays? There is a quick and simple remedy: European Order for Payment.

European Order for Payment is a procedure which simplifies, speeds up and reduces the costs of litigation in cross-border cases concerning uncontested monetary claims. The European Order for Payment procedure applies to civil and commercial matters in so called cross-border cases. A "cross-border case" is one in which at least one of the parties is domiciled or habitually resident in an EU country other than the country of the court hearing the action. The regulation applies to all European Union countries except Denmark.

The procedure does not cover: revenue, customs or administrative matters or the liability of a state for acts and omissions in the exercise of state authority, matrimonial property regimes, bankruptcy proceedings, insolvency and winding-up of companies and partnerships, social security, claims arising from non-contractual obligations, unless they have been the subject of an agreement between the parties or there has been an admission of debt.

The jurisdiction of courts is decided using the appropriate EU legislation. If a claim relates to a contract concluded by a consumer for a purpose which can be regarded as being outside his trade or profession, and if the defendant is the consumer, only the courts in the EU country in which the defendant is domiciled have jurisdiction.

The European Order for Payment procedure is initiated by issuing a claims to the proper court. If the conditions for applying for a European order for payment are met, the court issues the order as soon as it is possible (usually within 30 days of the application). A European order for payment is issued solely on the basis of the information provided by the claimant and is not verified by the court. The order becomes enforceable unless the defendant issues a statement of opposition with the court of origin.

The Office provides complex services relating to the procedure of issuing of European Order for Payment (analysis of the case, preparation of the necessary document, filing a claim and acting on behalf of the client by the court) as well as acting for European Order for Payment defendant (opposing a European Order for Payment).

The Office cooperates with experts who are able to determine the debtor’s domicile, address, place of staying and then search for the debtor’s assets to secure and satisfy the debt.