Experience with European Payment Order
Thread poster: Rebecca Hendry

Rebecca Hendry  Identity Verified
United Kingdom
Local time: 11:03
Member (2005)
Spanish to English
+ ...
Jul 14, 2014

Hi all,

I've seen European Payment Orders mentioned a few times in the forums. Unfortunately I'm having some trouble getting paid by an end client and I have told them that if I wasn't paid by a certain date I'd be forced to apply for one of these. I'm now trying to fill out the application form and finding it pretty difficult!

Has anyone ever filled it out and/or have you come across any guidance for doing so? I've searched online but am getting nowhere.

I'd also be interested in hearing about people's experiences with the procedure in general. Has anyone ever had a payment enforced this way?

Many thanks!

Becky.

P.S. Some general info on the EPO system here: https://e-justice.europa.eu/content_european_payment_order-41-en.do for those who are interested.


 

Steven Segaert
Estonia
Local time: 13:03
Member (2012)
English to Dutch
+ ...
Payment order or small claim? Jul 14, 2014

I would personally start a small claims procedure instead of trying the payment order (if at least under 2000 EUR).

The small claims procedure has the adversarial element included, so if the other party wishes to contest the claim, that can be dealt with in the same procedure.

If the other party on the other hand wishes to contest the payment order, you are basically referred to the courts. As I understand it, that means "their" courts. Not yours.

It therefore seems to me that it is easier to contest a payment order than it is to contest a small claims procedure. In the latter case, the arguments of the debtor would be discussed straight away, which seems more user-friendly towards the one who claims.

That said, I haven't gone through either of the procedures, so my remarks are conceptual - not practical.


 

Rebecca Hendry  Identity Verified
United Kingdom
Local time: 11:03
Member (2005)
Spanish to English
+ ...
TOPIC STARTER
Contesting the claim Jul 14, 2014

Hi Steven and thanks for your comments.

The impression that I got was that the EPO system was for claiming payments that are not contested in any way, and that is the case here. I have email evidence of the client accepting the invoice, acknowledging that the payment is late and promising to pay "when they can". But perhaps I have misunderstood the way the system works.

The amount due is a little over 400 euros, if that makes any difference in terms of which approach to take.

Best wishes,

Becky.


 

Sheila Wilson  Identity Verified
Spain
Local time: 11:03
Member (2007)
English
+ ...
The right to payment for work is pretty much uncontestable, AFAIK Jul 14, 2014

Steven Segaert wrote:
If the other party on the other hand wishes to contest the payment order, you are basically referred to the courts. As I understand it, that means "their" courts. Not yours.

I think the only grounds for contesting a claim for full payment for a translation that has been received (and if it's way past the deadline with no murmur from the client then it's clearly been received) is if it can be proved to be substantially unfit for purpose. Again, if the client hasn't raised a complaint between delivery and payment due date then it's presumably adequate.

They might not want to pay, and they might delay payment any way they can, but I don't think many companies would be stupid enough to contest a claim in the courts, with all the associated expenses.


 

Rebecca Hendry  Identity Verified
United Kingdom
Local time: 11:03
Member (2005)
Spanish to English
+ ...
TOPIC STARTER
Contesting the claim Jul 15, 2014

Sheila Wilson wrote:
They might not want to pay, and they might delay payment any way they can, but I don't think many companies would be stupid enough to contest a claim in the courts, with all the associated expenses.


My thoughts exactly.

Sheila, I see in another thread that you've completed the form before. Can I ask how you found out which court should be put down on the first page?


 

Sheila Wilson  Identity Verified
Spain
Local time: 11:03
Member (2007)
English
+ ...
Court Jul 15, 2014

Rebecca Hendry wrote:
Sheila, I see in another thread that you've completed the form before. Can I ask how you found out which court should be put down on the first page?

I'm afraid I really don't have much memory of it except that I did need to do quite a bit of searching here and there to find out how to fill in the form. Of course, seeing that the client paid before I had to go further, I never got to test whether or not I'd completed it correctly. But I seem to remember that there wasn't really a lot of choice - my client was based in France and it was his local Tribunal that had to hear it (I'd already sued a client for non-payment internally in France, successfully of courseicon_wink.gif, so I knew how their system worked.

I have had a little look around but I can't find the form at the moment (it was back in 2012 and has become submerged in digital "paperwork") so I'm afraid I can't help further.


 

Rebecca Hendry  Identity Verified
United Kingdom
Local time: 11:03
Member (2005)
Spanish to English
+ ...
TOPIC STARTER
Thank you, Sheila Jul 15, 2014

Thanks, Sheila, I appreciate hearing about your experience. I'll have to find out which local court to put down. I think the guidance pages provided with the form are pretty useless. All it says about the court is:

"When deciding which court to choose, you need to consider the grounds for the court's jurisdiction."

Not much help!


 


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