If the debtor acknowledges the debt but refuses to pay, and it is clear that you will not be able to recover the debt amicably, you have the right to apply to the court for a declaration that you have a pecuniary claim (the debt) against the debtor.
Your pecuniary claim against the debtor can arise from a variety of civil legal relationships, for example, if you have carried out contract work and the client does not pay the invoice for the work, or, say, you have provided certain services and the client does not pay you back. You can also apply for an injunction when your pecuniary claim arises from an employment relationship.
Acceptance of an application
The question of the admission of the creditor’s application shall be resolved no later than the next working day following the day on which it is lodged with the court. If the creditor’s application meets the statutory requirements, a court order shall be issued.
Notice to the debtor
A copy of the creditor’s application and a certified copy of the court order shall be sent to the debtor no later than the next working day following the court order issuance. The notice shall contain, inter alia:
- an invitation to the debtor to pay to the creditor the sums ordered within a period of no more than 20 days from the date of issuance of the notice;
- a warning that if the creditor fails to pay the sums ordered, the court order will become final and may be enforced;
- mention of the debtor’s right to lodge objections to the creditor’s application within 20 days from the date of issuance of the notification of the court order on the debtor.
Finalisation of the court order
The court order shall become final if the debtor fails to pay the amounts ordered to be paid to the creditor within 20 days of the date of service of the notice and does not object to the creditor’s application.
Therefore, the debtor may decide to pay you the sum ordered by the court in good faith, even before the court order becomes final. However, if the debtor remains passive, i.e. does not pay the amount that has been ordered to be paid to you and does not submit objections thereto, the court order shall become final.
Once the court order has become final, it becomes binding and can be enforced (Article 584 of the Code of Civil Procedure of the Republic of Lithuania), i.e. you will be able to start enforced debt recovery with the help of a bailiff.
A court order can, therefore, help you to protect your violated rights efficiently.
