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Quick Answer
Recovering a debt from someone in another EU country has several dedicated EU procedures available depending on the situation — the European Payment Order for uncontested claims, the European Small Claims Procedure for smaller amounts, and Brussels Ia's automatic recognition and enforcement of judgments between member states. Which route fits your situation, and what happens if the debtor disputes the claim, depends on the specific circumstances and requires legal review.
Quick Facts
- Governing framework
- Several dedicated EU instruments — European Payment Order (1896/2006), European Small Claims Procedure (861/2007), Brussels Ia Regulation (1215/2012)
- Core aim
- Simplify uncontested and cross-border debt recovery within the EU without needing a separate procedure in each country
- Who this applies to
- Anyone owed a debt by a person or business in another EU country
- Typical first step
- Confirm the debt is genuinely uncontested, or prepare for it to become contested
Your Options
Use the European Payment Order
For an uncontested pecuniary claim, a simplified procedure available without needing a lawyer in the debtor's country.
Use the European Small Claims Procedure
For smaller claims (subject to a monetary threshold), a simplified cross-border procedure.
Obtain a national judgment and rely on Brussels Ia
A judgment from Czech courts is automatically recognised and enforceable in other EU member states, without a separate declaration of enforceability.
Steps to Take
- 1
Confirm the amount owed and gather supporting documentation
The contract, invoices, and any correspondence establishing the debt.
- 2
Choose the appropriate procedure
European Payment Order, European Small Claims Procedure, or standard national proceedings, depending on the claim's nature and size.
- 3
Initiate the chosen procedure
Each has its own specific forms and requirements.
- 4
Respond to any objection from the debtor
An uncontested-claim procedure like the European Payment Order converts to ordinary proceedings if disputed.
- 5
Enforce the resulting decision
Using Brussels Ia's simplified cross-border enforcement, or the specific enforcement mechanism of the procedure used.
Documents You May Need
- Contract or agreement establishing the debt
- Invoices or other proof of the amount owed
- Correspondence with the debtor about the debt
- Proof of the debtor's address/domicile in the other country
- Identity documents
Common Mistakes to Avoid
- Assuming one single EU procedure covers every situation
- Not checking the monetary threshold for the European Small Claims Procedure
- Underestimating what happens if the debtor formally objects
- Not planning for the separate enforcement step once a decision is obtained
Risks & Deadlines
Limitation periods for the underlying debt vary by country
Requires legal review for the specific country — the time limit to pursue the debt depends on which country's substantive law governs the underlying claim.
An uncontested-claim procedure can still become contested
Requires legal review for the specific case — if the debtor objects, procedures like the European Payment Order convert to ordinary (and slower) proceedings.
Estimated Costs
- European Payment Order filing fee: Requires legal review — varies by country
- Initial lawyer consultation: Varies by lawyer and country — ask for a quote upfront
- Enforcement proceedings, if needed: Requires legal review — depends on the country
When to Contact a Lawyer
- You're unsure which EU procedure fits your specific claim
- The debtor has disputed or is likely to dispute the debt
- The claim involves a significant amount or a complex contractual relationship
- You need help enforcing a decision against the debtor's assets
Frequently asked questions
Not necessarily — instruments like the European Payment Order are specifically designed to be usable without needing separate representation in the debtor's country, though complex or contested cases may still benefit from local advice.
The Payment Order is for uncontested pecuniary claims of any amount; the Small Claims Procedure is a simplified process specifically for smaller claims, with its own monetary threshold and rules.
Non-response in an uncontested-claim procedure generally allows the process to continue toward an enforceable decision — the specific consequences depend on which procedure is used.
No. LawBridge is a platform that connects you with independent lawyers — it does not itself provide legal advice or legal services.
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