Lawyer within money claims law

Collecting money as a private individual can be a demanding process, especially if the debtor fails to pay voluntarily. However, as a private individual, you have several options for collecting money claims in a legal and effective manner. This article provides you with a practical guide to how to proceed, from dialogue to enforcement, and what rights you have along the way.

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What is a monetary claim?

A monetary claim arises when someone owes you money, either through an agreement, an unpaid invoice or as a result of a loan you have made. The monetary claim can be agreed upon verbally or in writing, but a written agreement makes it easier to prove the claim if disputes arise. Typical situations can be:

• Loans between friends or family
• Lease agreements where the tenant fails to pay
• Unpaid services or sales of goods

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Regardless of the background, it is important that the monetary claim is documented. This can be through agreements, messages or receipts, for example.

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First step: Communication and negotiation

The first thing you should do is contact the debtor to remind them of the claim. Often, a friendly reminder can be enough to resolve the situation. Here's how you can proceed:

1. Send a written reminder : This can be an email, SMS or letter requesting that the amount be paid by a specific deadline. Remember to include the amount, due date and any documentation of the claim.
2. Be factual and professional : Keep your tone professional, even if the situation is frustrating. Good dialogue can prevent unnecessary conflict.
3. Suggest an installment plan : If the debtor has financial problems, an installment plan can be a good option for both parties.

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The debt collection process

If the debtor does not pay despite reminders, you can move on to the next step – collection through debt collection. Here you can choose to handle the process yourself or use a debt collection agency.

1. Debt collection notice: Before you can start a debt collection case, you must send a written notice of debt collection. This is called a debt collection notice and gives the debtor one last chance to pay before further action is taken. The debt collection notice must contain:
   • A payment deadline of at least 14 days
   • Clear message that the case will be sent to debt collection if payment is not made
2. Use of a debt collection agency : If the debtor does not pay after the notice, you can contact a debt collection agency. They will handle the process further for a fee.

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Enforcement via the bailiff

If debt collection is unsuccessful, you can, as a last resort, request enforcement via the bailiff. This means that the bailiff can seize the debtor's assets or income to cover the monetary claim. To start this process, you must have a so-called basis for enforcement , for example:

• A verdict from the Conciliation Council
• A signed debt agreement
• A payment order

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You can send the petition to the bailiff via the police in the debtor's municipality of residence.

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How much does it cost to collect a monetary claim?

The costs of collecting a monetary claim will vary depending on the complexity of the case. For example, the use of a collection agency and enforcement will incur fees. In many cases, these costs can be added to the claim, so that it is the debtor who must pay for these expenses.

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Prevention of monetary claims

To avoid future conflicts, it is a good idea to ensure good documentation when lending money or entering into agreements. Here are some tips:

• Create written agreements : A written contract that details the amount, due date, and any interest, provides a strong evidentiary basis.
• Use Vipps or bank transfer : This gives you a documented payment history that can be used as proof.
• Avoid oral agreements : Although oral agreements are legally binding, they are often more difficult to prove in a dispute.

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Summary

Collecting money claims as a private individual can be a time-consuming process, but by following the right procedure you have a good chance of getting your money back. Always start with dialogue and negotiation, and proceed to debt collection or the bailiff if necessary.

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Remember to document your claim thoroughly and act professionally throughout the process. If you need help, you may want to consult a lawyer or debt collection agency for guidance.

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Important: It is always important to act quickly when a monetary claim arises, to ensure that it does not become time-barred.

Do you have more questions about how to recover a monetary claim ? Please contact one of our lawyers for individual guidance!

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