The Danish Small Claims Procedure


Under the Danish Small Claims Procedure, civil cases involving minor claims can be heard by the Danish courts.

Since preparations and the procedure have been simplified considerably compared with ordinary court cases, the court may, however, decide that a specific case is unsuitable for hearing under the Small Claims Procedure and refer it to the ordinary procedure.

Terms & conditions for small claims

The Small Claims Procedure may be used in cases where the claim does not exceed 50,000 DKK.

The other party must disagree with your claim. If you agree that the claim exists, but the other party merely has problems meeting your demand, you should use the simplified debt collection procedure.

Starting a small claim

To start a small claim, submit a writ to the district court in the district where the defendant lives. It costs 500 DKK in court fees.

Special writ and defence forms have been prepared, which you can use for small claims. The forms can be found at www.domstol.dk, where you can also read more about the procedure.

Procedure

The court must provide guidance to the parties during the preparation of the case, and the court is always impartial.

Since the court prepares the case, it is assessed that you will not need assistance from a lawyer to commence the proceedings. If you nevertheless choose to get legal assistance from a lawyer, you will have to bear the costs yourself.

The losing party must bear the costs of the other party.

The Small Claims Procedure for foreigners

The Danish Administration of Justice Act stipulates that Danish courts may hear cases in all Nordic languages. For other languages, the parties must arrange for translation and interpretation themselves.

Since the documents sent by the court may be significant to the case, foreign plaintiffs should consider who might represent them. It might be expedient to choose a lawyer.

Further information:

12. October 2016

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