Writ of summons (stævning)
Also known as writ of summons, statement of claim, filing suit, sagsanlæg, retssag
A writ of summons is the document that opens court proceedings — it sets out the claim and states the grounds for it to the court and to the debtor.
- Used when
- The claim is disputed
- Filed via
- Domstolenes sagsportal (the courts' case portal)
In practice
The writ of summons is the long road. It is used when the claim is disputed, or when it is too large for the simplified procedure by way of a payment order.
In the writ, the claim has to be set out precisely: what is owed, why, and on what basis. The documentation — the agreement, the delivery, the invoice — must be capable of being produced. This is where cases that have been run loosely for years fall apart.
If the debtor does not respond to the writ, a judgment in default is handed down, and you have your enforceable instrument without any substantive hearing.
Where it commonly goes wrong
- Proceedings are issued without the out-of-court route having been tried. Most cases are resolved more cheaply with a collection letter and a settlement. Litigation costs time and money, even when you win.
- The basis is thin. If the debtor disputes the claim, it is for you to prove it. An email thread is not always enough.