Small claims procedure (småsagsproces)
Also known as small claims procedure, small claims track, småsag, småsagsbehandling
The small claims procedure is a simplified form of civil proceedings for claims below the threshold, in which the court assists in preparing the case.
Key facts
- Threshold
- 50.000 kr.
- Legal basis
- Retsplejeloven kapitel 39 (the Danish Administration of Justice Act)
In practice
The small claims procedure is designed so that a smaller case can be run without a lawyer. The court prepares the case, and the costs are kept down.
For a commercial creditor it is rarely the relevant route: if the claim is undisputed, the payment order is quicker and cheaper. The small claims procedure only becomes relevant once the debtor actually does dispute the claim, and the amount is below the threshold.
Where it commonly goes wrong
- The small claims procedure is chosen on an undisputed claim. That is the long way round. A payment order is quicker.
- It is assumed that “without a lawyer” means “without preparation”. The claim still has to be documented.