Debt collection in Estonia
Pre-trial. Proceedings including sending official notifications to the debtor and fulfilling all the necessary formalities before the an eventual trial is commenced.
Representation during trial. In situation where the debtor does not willingly return the debt, we are able to provide representation during trial.
In Estonia the most popular form of covering debt through the court is filling of actions.
The court may secure an action at the request of the plaintiff if there is reason to believe that failure to secure the action may render enforcement of a court judgment difficult or impossible. If enforcement of a court judgment will evidently take place outside of the European Union and the enforcement of court judgments is not guaranteed on the basis of an international agreement, it is presumed that failure to secure the action may render enforcement of the court judgment difficult or impossible.
The value of an action is the usual value of that which is sought by the action. Procedural expenses are not taken into account upon determination of the value of a civil matter.
With the consent of the parties, the court may adjudicate a matter without hearing it in a court session. In such case the court sets, as soon as possible, a term during which petitions and documents may be submitted and the time for making public of the judgment, and notifies the participants in the proceeding thereof. The ruling shall also set out the judge adjudicating the matter.
In the case of an action for payment of money, the value of the action is determined by the amount of money claimed. A claim in a foreign currency is translated into euros for the purpose of determining the value of an action as at the time of filing of the action on the basis of the daily exchange rate of the European Central Bank. For example: for collecting EUR 10´000, the state fee is EUR 550 and debt collection for EUR 500´000 the state fee is EUR 3400.
If an action with the same content between the same parties has been accepted by a competent court of a foreign state by jurisdiction before the action was filed with an Estonian court, the Estonian court accepts the action provided that the other conditions for acceptance of the matter are fulfilled but suspends the proceeding if it may be presumed that the court of the foreign state makes a decision within a reasonable amount of time and such decision will be recognised in the Republic of Estonia.
Second populaar debt collection possibilities through the court is expedited procedure in matters of payment order.
A claim against another person arising from a private law relationship directed at the payment of a certain sum of money is adjudicated by the court based on a petition by way of expedited procedure prescribed for matters of payment order. This does not restrict the petitioner's right to file a claim in actions; however, such claim shall not be filed at the same time the matter of the payment order is being heard by expedited procedure.
Expedited procedure in matters of payment order is not applied to the claims which amount exceeds 6400 euros. This amount includes both the main and collateral claims.
Post-trial proceedings. This includes any possible steps necessary for the enforcement of favourable Decision issued by a Estonian Court related to the actual recuperation of the debt.