Maksekäsk

Maksekäsk, in Estonian law, is a formal order for payment issued to recover a monetary claim. It is part of a simplified enforcement procedure intended to speed up the collection of uncontested debts. A maksekäsk is typically issued by a court or, in some cases, by a notary, based on a written agreement, an invoice, or a prior court decision.

The document names the creditor and debtor, specifies the amount due, any interest and costs, and states the basis of the claim. It also sets a deadline for payment and indicates the debtor’s right to challenge the order. Once served, the debtor must either pay the amount or file an objection within the legally prescribed period. If the debtor pays or does not object, the maksekäsk becomes enforceable and enforcement measures may be taken by a bailiff. If an objection is filed, the claim proceeds to ordinary court proceedings, and the maksekäsk does not immediately decide the merits of the case.

Use and scope: Maksekäsk is intended for monetary claims and is designed to be quicker and cheaper than full court litigation. It is commonly used by creditors such as suppliers, service providers, or banks to recover debts.

Limitations: It cannot address non-monetary obligations and its effectiveness depends on timely service and the debtor’s compliance. The specific time limits and procedural rules may vary; interested parties should consult the relevant Estonian laws or a legal professional for precise guidance.