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debt collection cases
Disputes in connection with debt collection.
Requirement of notice in debt collection
You are entitled to receive written notice before a creditor initiates debt collection. If you pay within the time limit given in the notice (usually two weeks), you can not be charged for anything other than interest on the amount you owe. However, if you do not pay by the deadline, you will have to pay your creditor's collection costs.
After the payment deadline in a debt collection notice has expired, you will receive a payment request from either the creditor or a debt collection company. The deadline for payment must be at least 14 days. The first demand for payment includes a simple collection fee. The fee depends on the size of the claim. If the claim is, for example, NOK 2,500, the so-called single collection fee amounts to NOK 350. If the claim is NOK 10,000, a single debt collection fee amounts to NOK 700.
If you do not pay within 28 days after the deadline for the demand for payment - ie 42 days from the time the demand for payment was first sent out - a so-called heavy debt collection fee will be charged. If the claim is, for example, NOK 2,500, a heavy debt collection fee amounts to NOK 700. If the claim is NOK 10,000, the fee is NOK 1,400.
If you still have not paid 14 days after you have received a claim with a heavy fee, the case can go to the conciliation board, which means additional costs for you. You may also risk that the creditor may receive an outlay (mortgage) on your assets, with the right to later demand a forced sale. In that case, the creditor must go to the bailiff.
Unjustified debt collection claims
If you believe you have received an unjustified claim, ie you believe that you do not owe the amount you are charged for, you should as soon as possible before the payment deadline send the creditor or the debt collection agency a written notice protesting the claim and justifying why you believe the claim is unjustified.
If there is reasonable doubt as to whether you owe money - and you have protested, do not pay collection costs. Whether there is reasonable doubt is assessed on the basis of your documentation and presentation of the case.
Dispute over debt collection claims
In the first instance, you must try to resolve the dispute through a discussion or negotiation with the creditor. If this does not succeed, the case will initially go to the conciliation board, and possibly to the court. If the debt collection company has been documented that there is a dispute, it must leave the case to the person you owe money to, or send the case to the conciliation board.
If the disputed claim concerns a larger amount, you may want to seek help from a lawyer. A lawyer will be able to assist you in obtaining the necessary documentation, formulate letters, give advice on solutions and try to reconcile the dispute if possible.