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European Small Claims or Order for Payment?
Thread poster: David Howard

David Howard  Identity Verified
United Kingdom
Local time: 11:21
French to English
+ ...
Oct 21, 2010

Hi there,

I need to chase some long-overdue money owed to me, which is just above the Small Claims threshold of €2000.

What is the main difference between applying for a European Order for Payment and going through small claims (I would have to reduce the amount I'm claiming with the later ). Does the EOP mean they have to pay up, or is it just legal proof that they owe you?

Many thanks
David


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Johanna Liljenzin  Identity Verified
Sweden
Local time: 12:21
Member (2009)
Swedish to English
+ ...
Uncontested versus contested claims seem to be the key Oct 25, 2010

David,

Don't we all hate chasing money!

As I understand it, you should use the European Order for Payment if the claim is uncontested. I think that means a situation where your client has accepted your invoice but never gets around to actually paying it.

The European Small Claims Procedure should be used if a claim is contested. I believe that means that you should use it if your client denies that he/she owes you anything, or does not agree on the amount. This might happen if a client is unhappy with the quality of a translation.

I hope this helps!

These links include more information on the procedures: http://www.hmcourts-service.gov.uk/infoabout/claims/eu_cross_border_claim/index.htm

Kind regards,
Johanna


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