When agreements and claims are not fulfilled voluntarily, you can apply for enforcement of a claim. These pages tell you what enforcement is and how to obtain enforcement for your claim.
To apply for enforcement, you need grounds for enforcement which must be enforceable. There are two types of grounds for enforcement:
Special grounds for enforcement. For example: instruments of debt, legal mortgage, distraint and lease contracts that fulfil certain requirements for content. Special grounds for enforcement must be enforceable by sending notification to the counterpart before submitting an application to the court.
Ordinary grounds for enforcement are a judgement or order. General grounds for enforcement are enforceable without notification if no older than one year.
An application for enforcement has to be submitted in writing in 4 complete copies and must contain the following:
Complete name and address of the claimant and the defendant.
The claimant's business registration number of date of birth and telephone number.
The defendant's business registration number of date of birth.
A description of the grounds for enforcement.
- Details of the individual parts of the claim if a monetary claim.
A copy of the grounds for enforcement and notification (if relevant) should be attached. Other documentation may also be needed, depending on type of case.
Fees for an application for enforcement will be invoiced in arrears from the Gebyrsentralen at the Brønnøysund Register Center. The size of the fee varies according to how far the case has proceeded and what form of enforcement is required (Link to details of court fees).
Court rulings can be appealed. The party that objects to a judgement can bring the case before a Court of Appeal. The deadline for appeal is one month from announcement of the verdict and you will have to pay a appeal fee.
Monetary claims secured by pledge
In some instances, monetary claims against a person can be secured by a pledge in real estate, securities, objects etc. If the debtor is unable to pay a debt, the creditor can demand that the pledged item is sold to cover what is owed. Many claims are in principle not secured by pledge. Creditors can seek security for the money owed to them by applying for distraint against property. An application for distraint has to be submitted to the Bailiff.