Have you received a European Payment Order? Find out what you can do

Receiving a European Payment Order (EPO) can be worrying, especially if you have not dealt with such procedures before. However, it is a good idea to remain calm and act in accordance with the law, as you have the right to defend your interests. In this article, you will learn what an European Payment Order is, what your options for action are and how to proceed step by step.

What is the European Payment Order?

The European Order for Payment is a special procedure applicable in civil and commercial matters within the European Union (with the exception of Denmark). It makes it easier for creditors to pursue financial claims in situations where the debtor is located in another EU member state.

Key features of the EPO:

• Applies only to monetary claims.
• Does not require a complex evidentiary process.
• It is issued by a court in the creditor’s country, but is valid throughout the EU.

When and why can you obtain an EPO?

A European Order for Payment can be issued if:

1. someone claims a right to payment from you, e.g. for an unpaid invoice, loan or other contract.
2. the creditor convinces the court that the claim is justified.
3. the case is of a cross-border nature, i.e. involves different EU countries.

Can I refuse the European Payment Order if it is in a foreign language?

Yes, you are entitled to refuse the European Order for Payment. You may do so if the document has been served in a language you do not understand. However, this right only applies under certain conditions. You must also act in accordance with EU regulations, such as Regulation (EC) No 1896/2006 on the European order for payment procedure.

Firstly, the EPO should be served in a language you understand or in the official language of the country where you live. Secondly, if the order was served in a language you do not know, you have the right to request a translation.

If the European Order for Payment has been served in a language you do not understand, you can:

1. Refuse to accept the document when it is served, citing your language deficiency as the reason.
2. If you do not refuse to serve the document immediately, you may do so within a further 14 days by submitting a written statement on Form L attached to the judgment.

If you refuse to accept the EPO on the grounds of language, the document will not be deemed to have been properly served. The creditor or the court will have to provide you with the document in a language you understand or in the official language of your country.

Remember, however, that the refusal only concerns the language issue – it does not mean that the order is invalidated. Once you have obtained a translation, you should take further steps (e.g. payment, filing an objection).

What can I do after successful service of the European Order for Payment?

1. Check the content of the order

• Make sure the document comes from the correct court. False orders are rare, but they do happen.
• Check that the details given (yours and the creditor’s) are correct.
• Analyse the amount of the claim and the legal grounds carefully.

2. Respond to the order within the deadline

You have 30 days from the date of service of the EPO to take action. You can:

• Agree with the order and make payment.
• Lodge an objection if you think the claim is unfounded or unlawful.

3. How to lodge an objection?

You file an objection to the EPO on the form that should be included in the documentation. In your objection you can dispute the whole claim or dispute only part of the amount.

4. What happens after an objection is lodged?

Once you have lodged an objection, the proceedings move to the ordinary procedure in the court of the country where the order was issued. This court will have to examine the case in detail, including the evidence presented by both parties.

When is it advisable to seek legal advice?

If the case is complicated or involves a large sum of money, it is worth consulting a lawyer. He or she will help you:

• Draft an effective objection.
• Verify that the order has been lawfully issued.
• Represent you in further proceedings.

What are the consequences if you do not react?

If you do not take any action, the European Order for Payment will become final, which means that the creditor can start enforcement in your country. The creditor may, for example:

• Apply for the seizure of your salary or assets.
• Attempt to seize funds in your bank account.

European Order for Payment – what rights do you have?

Receiving a European Payment Order does not mean that you automatically have to agree to everything the creditor demands. You have the right to defend your interests and contest the claim. However, it is important to act quickly and thoughtfully.

Do you need support in drafting an objection or analysing an European Order for Payment? Contact us – we will help you through the entire procedure step by step.