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EUROPEAN PAYMENT ORDER PROCEDURE: HOW TO RECOVER CROSS-BORDER DEBTS QUICKLY AND EFFECTIVELY

Por Diego Ricardo Molinari Chiarappa / 23 de mayo de 2025

💡 MCHM Lawyers - Lawyers – Payment Order Procedure, European Payment Order, European Small Claims Procedure
📎 European Payment Order Procedure: How to Recover Cross-Border Debts Quickly and Effectively
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👉 The European Payment Order Procedure in Practice: Examples and Success Stories
💬 In an increasingly interconnected world, cross-border commercial relationships are an everyday reality. However, this also increases conflicts related to non-payments. To facilitate debt recovery within the European Union, the European Payment Order Procedure (EPO) was created, an efficient, economical, and accessible mechanism to claim uncontested credits between member countries. ✍️
What is the European Payment Order Procedure?
The EPO was established by Regulation (EC) No 1896/2006 of the European Parliament and Council. Its purpose is to allow creditors to recover uncontested civil and commercial debts without resorting to lengthy and costly judicial procedures in each country. This procedure is valid in all EU Member States except Denmark.
Key Features of the EPO
• Cross-border application: It only applies when at least one party is domiciled in a Member State different from the competent court.
• Procedural simplicity: It is initiated through a standardized form (Form A).
• Automatic recognition: The European payment order is enforceable in any Member State without the need for exequatur.
• Debtor opposition: If the debtor objects within 30 days, the procedure converts into an ordinary procedure before the competent courts.
Practical Examples
Case 1: OneWeb GmbH vs. Galicia Turismo LLC
An Austrian digital services company, OneWeb GmbH, signed a contract with a Spanish tourism agency, Galicia Turismo LLC, for the development and maintenance of their website. After several months of service, Galicia Turismo stopped paying two invoices totaling 4,979 euros. Despite reminders, there was no response.
OneWeb decided to initiate a European Payment Order Procedure before the courts of Innsbruck, according to the jurisdiction clause in the contract. The order was issued and duly notified. Since no opposition was filed, the order became enforceable, and OneWeb was able to start enforcement in Spain, recovering the debt plus a contractual penalty of 1,500 euros.
Case 2: Italian Freelancer Collects from French Company
An Italian graphic designer worked on several branding projects for a French company. After delivery, the company did not pay the invoice of 2,300 euros. The designer, with the help of a lawyer, filed Form A with the competent court in Italy.
The French company did not respond to the order. The designer obtained a European enforcement order and submitted it to the French authorities, who proceeded to seize the company’s bank account. The process was quick and did not require traveling to France.
Success Factors in the EPO
1. Clear documentation: Contracts, invoices, and communications must be well documented.
2. Agreed jurisdiction: Including jurisdiction clauses in contracts facilitates the process.
3. Use of official forms: Correct use of standardized forms is key to avoid rejections.
4. Specialized legal advice: Although the process is simple, having advice can speed up times and avoid errors.
Advantages Compared to Other Procedures
• Lower cost: Often no lawyer is required.
• Speed: If there is no opposition, the enforcement order can be obtained in weeks.
• Direct enforcement: No judicial recognition is needed in the country of enforcement.
Conclusion
The European Payment Order Procedure has become an effective tool for debt recovery within the EU. Its simplicity, speed, and low cost make it an ideal option for freelancers, SMEs, and companies operating internationally. Cases like OneWeb and the Italian designer show that, with good preparation and knowledge of the procedure, it is possible to claim and recover cross-border debts without complications.
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⚖️ Welcome to the Civil Online Process offered by MCHM Lawyers. Through our online platform, we provide you the convenience of completing the entire procedure from the comfort of your home, without needing to visit our office or the courts (Except for mandatory procedures). Next, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have one. From your personal account, you will have access to all the necessary tools to complete the Civil process.
Document Upload: From your personal account, you can upload all the documents needed to start the Civil process. This includes text documents, images, and any other relevant documents for your case.
Receipt of Notifications and Requests: Once you have uploaded your documents, you will receive notifications and requests through your personal account on our online platform. These notifications will include information about your case status, any required actions on your part, and any important communications related to your Civil process.
Process Tracking: From your personal account, you can monitor in real time the progress of your case. This includes information about hearings, judicial resolutions, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will be able to communicate directly with your assigned lawyer. You can ask questions, make inquiries, and receive personalized legal advice at any time during the process.
Receipt of Judgment: Once the process is completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decisions made by the court regarding your Civil case.
In summary, our Civil Online process offers you the convenience and flexibility to complete the entire procedure from the comfort of your home, without needing to visit our office or the courts (Except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and monitor the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil process.

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📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
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