The stages

Payment notice and formal demand. A commercial reminder and the formal preliminary demand required for a payment order have different functions. Not every reminder meets the procedural requirements.

Payment order. This special, generally faster procedure is available where the claim is certain, quantified and due and the statutory requirements are satisfied.

Ordinary proceedings. These may be appropriate when the special procedure is unavailable or the claim is substantively disputed.

Enforcement. Once an enforcement title is available, recovery can proceed through garnishment and enforcement against movable or, where appropriate, immovable property.

Why the documents come first

An invoice alone does not establish every condition for a payment order. The review examines the contract or written evidence of the debt, its certainty, amount and due date, proper service of the demand and the debtor’s objections. A rejected application can add delay and expense, so the documents should be assessed before choosing the procedure.

Related article: recovering costs after an acquittal. This page is general information and does not provide template documents. Advice depends on the documents in your case.

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