How to tell whether the case belongs in the bailiff's court
Most cases do not. Here are the three questions that decide whether yours does.
You can decide whether a legal step is worth taking — before you spend money on it.
Step by step
- 01
First ask whether the debtor can pay at all
It is the only question that matters. A court case against an empty pocket costs you money and yields nothing. Credit-assess the debtor before you decide — not afterwards.
This is where it goes wrongIf the debtor cannot pay, the case does not belong in the bailiff's court. It belongs in monitoring, and the claim has to be kept alive.
- 02
Establish whether the claim is disputed
If the claim is contested, it is not a matter for the bailiff's court. The simplified collection procedure can only be used on claims the debtor does not dispute. Where there is a dispute, it has to be settled first — as ordinary court proceedings.
- 03
Look at the size of the claim
The payment order — the simplified procedure — can be used on claims of up to 100,000. kr. Above that, the case is conducted as ordinary court proceedings before the district court (byretten). That is a different procedure, not a closed door.
- 04
Count the costs in before you decide
The court fee and the costs of the case have to be laid out before they can be reclaimed. Even when they are imposed on the debtor, they are only worth something if there is anything to recover. The arithmetic has to hold before the case is brought.
- 05
Remember that a foundation is worth something in itself
Even when there is no money today: a judgment or an endorsed payment order makes the claim enforceable for ten years. That is what makes it possible to collect the money on the day the debtor is back on his feet.
This is where it most often goes wrong
Not because anyone is careless, but because the mistakes are easy to make and only surface once it is too late.
You go to the bailiff's court on a point of principle
Being proved right can be expensive. The decision has to be made on the numbers, not on temperament — and that is what an adviser is there to say out loud.
You believe that 100,000 kr. is a ceiling on what can be recovered
It is not a limit on the claim, only on the procedure. Larger claims are conducted as ordinary court proceedings — and they do get conducted.
You wait until the claim is close to becoming time-barred
A legal step interrupts limitation. If you wait until the last moment, you take the decision under time pressure instead of on an informed basis.