maksekäsku

Maksekäsku is a formal payment order used in Estonia to compel a debtor to pay a specified sum to a creditor. It is part of the enforcement procedure and is issued on the basis of a legally enforceable claim, such as a court decision or a notarial deed. The order is issued by a court after the creditor applies for it, and it is served on the debtor together with information about the debtor’s rights and the deadline to respond.

The maksekäsk certifies an enforceable title, meaning that, if the debtor does not object within the allotted period, the order becomes enforceable. Once enforceable, it allows the creditor to pursue enforcement measures through the enforcement authority, typically including wage garnishment, bank account seizures, or other compulsory collection actions. The use of a maksekäsk is intended to provide a faster, simpler route to recover undisputed debts compared to ordinary court proceedings.

Debtors have a limited period to file an objection or challenge the maksekäsk. If an objection is filed, the matter generally proceeds to normal court proceedings to determine the validity of the claim. If the objection is rejected or not pursued, the maksekäsk remains enforceable and enforcement actions may continue. The maksekäsk is therefore a specialized, expedited instrument within the broader framework of civil procedure and enforcement in Estonia, available for claims that are clearly documented and undisputed.

Legal basis for maksekäsk lies in Estonian civil procedure and enforcement legislation, and it interacts with various remedies and defenses available to debtors, including the right to contest the claim or seek to reduce or suspend enforcement under applicable rules.