Assistance in payment order procedures

An expedited order for payment procedure is a form of procedure that allows a creditor to obtain an enforcement order (payment order) faster than an action, with a lower burden of proof and lower costs. The parties to the expedited order for payment procedure are the applicant (in the case of a maintenance application, the applicant is the child (ren) and their representative) and the debtor. There shall be no court hearing in the order for payment procedure and the court shall adjudicate the application for urgent procedure for payment within ten working days as of the receipt thereof. The petitioner also has the right to file a claim in an action proceeding, but not simultaneously with the expedited order for payment procedure. The limitation period for a claim shall be suspended upon submission of the application for urgent procedure for the payment order.

A claim under the accelerated payment order procedure may not exceed EUR 6400 (including ancillary claims such as interest and default interest). Ancillary claims (eg interest and default interest) may not exceed the principal claim. In the case of maintenance, the claim may not exceed EUR 405 per month and the debtor must be entered in the child's birth certificate as the child's parent. In addition, maintenance cannot be claimed retroactively in these proceedings.

If the debtor has not paid the amount specified in the payment proposal or has not objected to the payment proposal in time, the court shall issue an order for recovery of the amount. The payment order shall be executed immediately, regardless of the service of the payment order on the debtor. The debtor can file an appeal against the payment order with a court within 15 days from the service of the payment order. In case of service of a payment order abroad, it is possible to file an appeal against the ruling within 30 days from the service of the payment order. If the debtor does not pay the amount ordered by the court voluntarily to the claimant, the claimant has the right to apply to a bailiff to apply for enforcement proceedings against the debtor.

(general information from the information sheet of Estonian courts.)

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