Expedited payment order procedure

When can the expedited procedure be used?

In the expedited procedure, the court decides a claim for payment of a fixed sum of money arising from a private-law relationship (TsMS § 481 lg 1) [1]. As a rule it does not apply to non-contractual claims – an exception is, for example, a claim for which the debtor has given an acknowledgement of debt (TsMS § 481 lg 1¹) [1]. From 01.01.2027 the exceptions also include monetary claims arising from the management of apartment ownership or co-ownership (TsMS § 481 lg 1¹ p 4) [7].

There are no expedited proceedings, among other cases, if (TsMS § 481 lg 2) [1]:

• the claim is not yet due;
• compensation for non-pecuniary damage is sought;
• the claim is against a debtor in bankruptcy.

The limit is 8000 euros including ancillary claims (TsMS § 481 lg 2²) [1], and ancillary claims such as late-payment interest cannot be claimed beyond the amount of the main claim (TsMS § 481 lg 2¹) [1]. A claim under a consumer contract cannot be brought in expedited proceedings if the annual percentage rate of charge exceeds the legal cap or the late-payment interest rate agreed with the consumer exceeds three times the late-payment interest rate laid down in the Law of Obligations Act (TsMS § 481 lg 2³) [1]. From 01.01.2027, for a claim under a consumer credit agreement, the creditor may claim in expedited proceedings only repayment of the principal of the credit granted to the consumer together with interest or late-payment interest at the rate laid down in the Law of Obligations Act, if these are not higher than the previously agreed interest or late-payment interest rate; the consumer's payments are applied first to the principal debt, second to interest and third to late-payment interest (TsMS § 481 lg 2⁴ ja 2⁵) [7]. If the conditions for a payment order are met only for some of the claims or for part of a claim, the court currently informs the applicant, and with the applicant's consent the payment proposal is made to that extent (TsMS § 484¹ lg 1 ja 2) [8]. From 01.01.2027 this does not apply to claims under a consumer credit agreement: if the conditions are met only for some of such claims or for part of such a claim, the court dismisses the application as a whole (TsMS § 484¹ lg 4) [9].

How do the proceedings work?

1. Application. The application is filed with the court electronically, with a digital signature or in another similar secure way (TsMS § 482 lg 4) [10]. It must state, among other things, the amount claimed with the main and ancillary claims separately, a short description of the facts and of the evidence (TsMS § 482 lg 1) [10]. From 01.01.2027, for a claim under a consumer credit agreement, the application must say so, give a detailed overview of the drawdown of the credit and of the contractual payments and a comparative calculation of all the consumer's payments towards the principal debt, interest and late-payment interest, attach the agreement including the payment schedule and state the annual percentage rate of charge (TsMS § 482 lg 1¹) [11]. Also from 01.01.2027, the court may invite the applicant to submit additional evidence (TsMS § 482 lg 1²) [11].
2. Decision. The court decides the application within ten working days (TsMS § 483 lg 1) [12]. From 01.01.2027 the court decides an application with a claim under a consumer credit agreement within twenty working days (TsMS § 483 lg 1) [13].
3. Objection. The debtor may object within 15 days of service of the payment proposal, or 30 days if served abroad; the objection need not be reasoned (TsMS § 485 lg 1 ja 2) [3]. From 01.07.2027 the debtor may object within 30 days of service of the payment proposal (TsMS § 485 lg 1) [6].
4. Payment order. If the debtor neither pays nor objects in time, the court issues a payment order (TsMS § 489 lg 1) [4], which is immediately enforceable (TsMS § 489 lg 7) [4]. Currently the debtor may file an appeal against the payment order within 15 days of its service, or 30 days if it is served abroad, and the appeal may rely only on the circumstances listed in the law, for example that the debtor could not object for a good reason beyond their control (TsMS § 489¹ lg 1 ja 2) [14]. From 01.07.2027 the debtor may object to the payment order or part of it within 30 days of learning that enforcement proceedings have been initiated on the basis of the order; the objection need not be reasoned, the payment order ceases to be valid, the case is transferred to action proceedings and the enforcement proceedings are terminated (TsMS § 489¹ lg 1, 2 ja 4) [15].

If the debtor objects in time, the case is as a rule transferred to action proceedings, unless the applicant asked in the application for the proceedings to be terminated (TsMS § 486 lg 1 p 1) [16]. The applicant must then submit the reasoning of the claim in the form of a statement of claim within 14 days (TsMS § 487 lg 1) [17].

What the law says

• „Maksekäsu kiirmenetlust ei toimu nõuete puhul, mille summa ületab 8000 eurot.“ [1] (translation: there are no expedited payment order proceedings for claims exceeding 8000 euros; TsMS § 481 lg 2²).
• „Kohus lahendab maksekäsu kiirmenetluse avalduse selle saamisest alates kümne tööpäeva jooksul.“ [12] (translation: the court decides the application within ten working days of receiving it; TsMS § 483 lg 1).
• „Vastuväite põhjendamine ei ole vajalik.“ [3] (translation: the objection need not be reasoned; TsMS § 485 lg 2).
• „Maksekäsk kuulub viivitamata täitmisele sõltumata maksekäsu kättetoimetamisest võlgnikule.“ [4] (translation: the payment order is immediately enforceable regardless of its service on the debtor; TsMS § 489 lg 7).

What to do

1. Check that the claim is due, arises from a contract (or an acknowledgement of debt) and, with ancillary claims, does not exceed 8000 euros (TsMS § 481 lg 1¹, lg 2 ja 2²) [1]. From 01.01.2027 the exceptions for non-contractual claims also include monetary claims arising from the management of apartment ownership or co-ownership (TsMS § 481 lg 1¹ p 4) [7].
2. Pay the state fee: for a payment order application, three percent of the claim, but not less than 65 euros (RLS § 59 lg 6) [18].
3. File the application electronically, stating the main and ancillary claims separately and, if late-payment interest is claimed, its rate and period (TsMS § 482 lg 1 p 3) [10].
4. If you are the debtor and disagree with the claim, object within 15 days of service of the payment proposal, or 30 days if it is served abroad (TsMS § 485 lg 1) [3]; from 01.07.2027 this time limit is 30 days (TsMS § 485 lg 1) [6]. From 01.07.2027 you can also object to the payment order itself, within 30 days of learning that enforcement proceedings have been initiated on the basis of the order (TsMS § 489¹ lg 1) [15]. If you agree but cannot pay at once, you and the applicant can submit a payment schedule, which the court may approve together with the payment order (TsMS § 489 lg 2¹) [4].

Frequently asked questions

Can damages be claimed by a payment order?

There are no expedited proceedings for compensation of non-pecuniary damage (TsMS § 481 lg 2 p 3) [1], and as a rule they do not apply to non-contractual claims (TsMS § 481 lg 1¹) [1].

What happens if the debtor objects?

The case goes to action proceedings unless the applicant asked for termination (TsMS § 486 lg 1 p 1) [16], and the applicant must give the reasoning of the claim within 14 days (TsMS § 487 lg 1) [17].

How much does a payment order application cost?

The state fee is three percent of the claim, but not less than 65 euros (RLS § 59 lg 6) [18].

Can I go to a bailiff straight away with a payment order?

A payment order is immediately enforceable regardless of its service on the debtor (TsMS § 489 lg 7) [4].