How to collect a debt based on a promissory note

Anastassia Rumjantseva Civil and Family Law Lawyer Author of the text

 

At Kalashnikov Õigusbüroo, we regularly help clients recover money based on promissory notes. Below are answers to the most frequently asked questions.

What to do if the debtor has stopped communicating?

If the repayment date specified in the promissory note has already passed and the debtor does not pay voluntarily, file a lawsuit and collect the debt on the basis of the debt certificate.

What steps do you need to take to go to court?

1. Determine the amount of the debt. Example: you are owed €6,000.
2. Choose the procedure:
   • Expedited proceedings by payment order (order proceedings) — suitable if the amount of the claim is ≤ €8,000.
   • Claim in the district court — can be filed immediately or after filing an objection to the application in expedited proceedings by payment order.

Order or claim proceedings: which is more advantageous?

Criterion	Payment Order Procedure	Action (Lawsuit) Procedure
Court fee	3 % of the debt amount → 180 €	585 € fixed
Time-frame*	Usually faster	Longer
Risks	If the debtor submits an objection, the case is forwarded to the county court and the court fee must be topped up	No double payment, but the processing time increases

*The law does not specify specific time limits; in fact, the duration depends on the court’s workload and the debtor’s behaviour during the proceedings.

Tip: If you expect the debtor to file an objection, file a claim with the district court immediately to save time.

When is the debtor obliged to pay after the court decision?

• Summary proceedings: the debtor has 15 days (or 30 if they are abroad) to file an appeal. If no appeal is filed, the payment order takes effect and the debt must be repaid immediately.
• Litigation proceedings: the debtor may appeal the district court’s decision within 30 days. If no appeal is filed, the decision comes into force and the obligation to pay the debt arises immediately.

What should you do if the decision has come into force but you still have not received the money?

Contact the bailiff. He has the right to:

• seize bank accounts;
• instruct the employer to deduct the debt from the salary;
• seize movable and immovable property.

Any questions?

Contact Kalashnikov Õigusbüroo — we will provide detailed advice and, if necessary, take all necessary steps to collect the debt.