Debt collection in Europe: order for payment and small claims settlement
Verified 14 August 2026 - Public Service / (Prime Minister)
Your debtor do not pay you (invoice, debt recognition...)? You have to go to a judge to get an order for payment. The European order for payment is a simplified procedure based on the use of standard forms. For disputes not exceeding €5,000, there is a simplified small claims procedure. We present you the information to know.
Order to pay
The European order for payment allows recover one receivable when the debtor refuses to pay. It's a legal process free of charge which does not require a person to appear before the court. The creditor make the request by sending a standard form to the court. The procedure is ongoing, without requiring further intervention on his part. It is a simplified and accelerated procedure for cross-border claims (excluding Denmark) not contested by the debtor.
A European order for payment may be requested:
- In all countries of l' except Denmark
- In civil and commercial matters
- In cross-border disputes. These are disputes in which one of the parties to sound home or its residence habitual in a country other than the country of the court seised.
FYI
She cannot be used tax, customs or administrative matters, State responsibility and social security. Nor can it be used in disputes concerning matrimonial regimes, estates and bankruptcies.
The claim whose payment is claimed must meet the following 3 conditions:
- Originating from a contract
- To be certain, liquid and payable, i.e. it cannot reasonably be challenged by the debtor, it must have matured and its amount must be determined
- Not to be prescribed.
The European order for payment may be requested whatever the amount of the claim.
Filing of the application
Applicants must submit their application by means of the Form A :
The European Judicial Atlas makes it possible to know on which medium the application may be submitted.
It also makes it possible to determine what language draw up the application (official language of the executing Member State, unless it accepts another official language of the executing Member State).
The competent court is, in principle, the of the place of domicile of the defendant. Other jurisdictional criteria may be applicable, for example, the location of the building concerned by the claim.
Please note
An action brought against a consumer must be brought before the court in which the consumer's domicile depends.
The applicant is not required to attach supporting documents with the form.
The court may request that the request be completed or rectified within a time limit which it shall fix.
Issuance of a European order for payment
The court seised shall examine the application.
If Form A is completed correctly, it shall issue the European order for payment by means of Form E.
The court shall issue the injunction as soon as possible. In principle, this is a time limit of 30 days from the time the application is examined.
The European order for payment is served or notified the defendant in accordance with the rules of the national law of the country where service is to be effected.
If the defendant does not opposition on time, it becomes enforceable.
In case of rejection of a European order for payment
The court may dismiss the application by means of Form D, in particular if the claim is unfounded (prescribed debt, or not due...).)
The applicant shall be informed of the reasons for the rejection.
There's no no call possible.
The applicant may submit a new request European order for payment.
The defendant has 30 days after the notification or the meaning to form an opposition.
FYI
The day of service shall not count towards the calculation of the time limit. If the end of the period falls on a public holiday, Saturday or Sunday, the period shall end on the expiry of the last hour of the business day next.
To form an opposition, the defendant shall use the standard form (Form F) which is forwarded to it with the order for payment.
It may also object by letter or by any other means of communication accepted by the home Member State (e.g. by electronic means).
The dispute shall be examined by the court which issued the European order for payment.
If no opposition is filed within the 30 days, the European order for payment shall be declared enforceable. For this, the court sends the Form G to the applicant.
The European order for payment may be enforced directly in any EU country.
Small dispute
For cross-border disputes (excluding Denmark), there is a European Small Claims Procedure. It shall apply to the claims ofa maximum amount of €5,000. The lawyer is not mandatory.
A small claims procedure may be initiated:
- In all EU countries except Denmark
- In civil and commercial matters
- In cross-border disputes. These are disputes in which one of the parties is domiciled or habitually resident in a country other than the country of the court seised.
This procedure can be used in the following cases:
- To get the payment of a receivable from a contract. The amount of the debt must be recorded on the contract. This can be, for example, a purchase from a merchant, a loan, an unpaid invoice, a bank overdraft, an unpaid rent. The claim must not be prescribed. It has to be matured and its amount has to be determined.
- To oblige a person to perform a contract (e.g. get delivery of goods)
- To obtain compensation for damage.
In the 3 cases, the amount of the dispute must not exceed €5,000 excluding fees and interest.
FYI
This procedure is excluded in certain areas. For example in tax, customs and administrative matters, State responsibility, status and capacity of persons, maintenance claim, matrimonial property regimes, wills, estates.
The request is made using the Form A :
Small Claims Settlement Request in Europe
You must attach the necessary supporting documents (order form, invoice, letters exchanged between the parties, expertise...).)
The form and supporting documents must be presented in the language of the court seised or in any other language that the court accepts.
The amount of the dispute must be converted into the currency used by the court seised.
The lawyer is not required.
The appearance of parties is not necessary before the court. However, a hearing may be held at the request of the parties or the court.
FYI
In most member countries, graft are to be paid to the court to initiate the proceedings. The amount of these fees varies.
Territorial jurisdiction
The competent court is generally either the court of the place where the applicantor the court of the place where the defendant.
The European Judicial Atlas find the competent court.
Please note
An action brought against a consumer must be brought before the court in which the consumer's domicile depends.
Transmission of the form and supporting documents
The form and the supporting documents must be sent to the court by post or by any other means of communication accepted by it. They can also be deposited on site.
The European Judicial Atlas allows to know by which means the request can be transmitted.
Verification by the court
The court shall verify the following:
- The form is correctly completed
- The supporting documents are attached
- The application is well within its jurisdiction
- The request is well founded.
In case of problem (on jurisdiction, the basis of the claim...,), the court informs the claimant by means of the Form B.
The court shall invite the applicant to correct his application within a certain period.
If the time limit is not respected, the court may reject the request or exceptionally grant an additional time limit.
Communication of the request between the parties
The court has 14 days upon receipt of Form A to forward a copy of the claim to the defendant.
This communication is made by notification or meaning from Form C a copy of the applicant’s supporting documents shall be attached.
Small Claims Settlement Request in Europe
The defendant has 30 days (unless exceptionally extended) from the time of service to reply. He may admit the request or contest it in whole or in part.
If he does not reply, the court shall decide on the request.
If he answers within the time limit, he may use Form C or reply by any other means. His reply may be accompanied by his supporting documents.
Small Claims Settlement Request in Europe
A copy of the respondent's reply and supporting documents shall be sent to the applicant within 14 days. The applicant has a new time limit of 30 days to answer.
Request for hearing
If it considers it necessary to decide the dispute, the court decides whether or not to hold a hearing.
Whether a hearing is to be held, jurisdiction quoted the parties to appear and the hearing must be held within 30 days.
The court may decide that the presence of either party is not necessary. It may hold a hearing by videoconference or any other communication technology.
Decision
The court shall deliver its decision within 30 days from the hearing or after receipt of all the information necessary to rule.
Jurisdiction notified or means the decision to all parties.
The decision is enforceable even if an appeal is filed.
Execution of the decision
The creditor who obtains a judgment in his favor (the judgment creditor) may have it executed if the debtor does not perform spontaneously.
The judgment creditor must produce a copy of the decision and a certificate relating to the decision, which it requests by means of Form D :
Small Claims Settlement Request in Europe
This form shall be completed by the court and returned to it.
The execution of the decision or its modification (request for a time limit, temporary suspension)...) is done according to the law of the member country where the decision is to be executed.
The existence of a remedy against the decision depends on the legislation of each Member State.
The defendant may request the review of the decision. It has a deadline of 30 days from the day on which he became aware of the decision.
Such a review may be requested only after having exercised the remedy provided by the Member State.
A review of a decision is possible in the following situations:
- The respondent did not receive the application form
- The defendant was not summoned to appear in time to prepare his defense
- The defendant was unable to challenge the claim for reasons beyond his control (e.g. hospitalization).
The court may reject the request for review.
If she accepts it, the decision is canceled. The creditor must then start a new procedure.
The following costs may be payable by the parties:
- Court fees for initiating proceedings, due in most member countries
- Hearing expenses
- Extra costs (in case of intervention of lawyer, witnesses, experts or videoconference during the hearing...).)
In principle, the party who loses the case must pay the other party the costs of proceedings assessed by the court.
Costs of enforcing the decision (e.g. court commissioner's fees) may also be due.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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- House of Justice and Law
Articles 1424-1 to 1424-15 Code of Civil Procedure - European order for payment