Yes. Chapter 49 of the Code of Civil Procedure (tsiviilkohtumenetluse seadustik) governs expedited procedure in the case of payment orders.
This procedure applies to claims arising from private law relationships and is intended to cover the payment of certain sums of money.
Expedited procedure in the case of payment orders does not apply to non-contractual claims, except for:
Expedited procedure for orders for payment is not applied if:
The expedited procedure in the case of payment orders does not apply to collateral claims, if they are in excess of the main claim.
Yes. The expedited procedure in the case of payment orders does not apply to claims exceeding EUR 6 400. This amount covers both principal and collateral claims.
The application of the expedited procedure in the case of payment orders is voluntary. The creditor may decide if they wish to apply for an expedited procedure in this case or initiate ordinary proceedings.
Yes. National legislation does not contain any limitations regarding the applicability of the expedited procedure in the case of payment orders to defendants who are resident in another country. Within the EU, the jurisdiction of the defendant shall be determined under Regulation (EU) No 1215/2012 of the European Parliament and of the Council.
Petitions for expedited procedure in the case of payment orders are conducted by Pärnu County Court Haapsalu courthouse (Pärnu Maakohtu Haapsalu kohtumaja) payment order department.
The Expedited procedure in the case of payment orders is conducted electronically and, as such, may only be filed to a court via the portal Public E-file or via the data exchange layer X-tee (X-road) of information systems.
Via E-toimik, petitions can be filed at the webpage: https://www.e-toimik.ee/
Under subsection 485(2) of the Code of Civil Procedure, an objection may be submitted on the form attached to the proposal for payment, or on another form. The forms are also available at the webpage of the Ministry of Justice (Justiitsministeerium): : http://www.just.ee/et/eesmargid-tegevused/maksekasumenetlus-ja-e-toimik.
No, it is not obligatory to appoint a representative.
A petition for an expedited procedure in the case of payment orders should contain a short description of the circumstances constituting the basis for the claim and a short description of the evidence the petitioner would be able to submit in support of the claim. A claim must be based on facts and be supported by documentary evidence. A claim is clearly without grounds if, when taking into account the circumstances specified in the petition as the basis of the payment order, the claim cannot be legally satisfied.
It is not necessary to include documentary evidence in order to confirm that the claim has been filed. However, the petition should contain a short description of the evidence the petitioner would be able to submit in support of his or her claim.
The court refuses to satisfy a petition for the application of expedited procedure in the case of a payment order if:
A ruling on the refusal to satisfy a petition for application of a procedure in the case of a payment order is not subject to appeal. Refusal to satisfy a petition does not restrict the right of the petitioner to file the claim in actions or in an expedited procedure in the case of payment orders.
The debtor has the right to file an objection to a claim or a part thereof with the court which made the proposal for payment within 15 days, or within 30 days in the case of service of the proposal for payment abroad.
An objection may be submitted on the form attached to the proposal for payment, or on another form. An objection need not be substantiated.
If the debtor submits an objection to the proposal for payment before the specified deadline, the court which has prepared the proposal for payment shall continue the hearing of the matter in action or refer the matter to the court specified in the petition for expedited procedures in the case of payment orders or to the court specified in the joint application of the concerned parties. In matters of apartment ownership or common ownership, proceedings on petition are continued unless the petitioner has requested for actions to be conducted or proceedings to be terminated. For the purpose of actions, an action is deemed to be filed as the moment that petition for application of an expedited procedure in the case of payment orders is filed.
If the petitioner has explicitly asked for the termination of proceedings in the case where an objection has been filed, the proceedings are terminated.
If the debtor acknowledges in part the petitioner's claim in the objection filed to the proposal for payment, the court hearing the matter in action makes a payment order by way of a ruling to call in the amount acknowledged by the debtor and continues to hear the remainder of the case in action or on petition.
If the debtor fails to pay the amount indicated in the proposal for payment and does not file an objection to the proposal for payment in time, the court makes a payment order for that amount by way of a ruling.
A payment order should include an explanation for the debtor concerning the debtor's right to file an appeal against the ruling within 15 days, or within 30 days in the case of service of the proposal for payment abroad. An explanation is to be provided to the debtor that an appeal against the ruling may be filed only on the basis of one of the following circumstances:
A legal representative of the debtor or the universal successor of the debtor may file an appeal against the payment order within two months of learning about the payment order if it has become evident that grounds for suspension existed at the time the court decision was made, but the court was not or could not have been aware of these. The person filing an appeal against the ruling should do so on the basis of one of the circumstances specified above.
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