§ 6-12. Collection costs: what must the guarantor pay?
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- Court fees and ordinary collection costs can only be claimed from the guarantor (kausjonist) if he has been notified in advance.
- Other collection costs require the guarantor's consent, given after he has been notified of the default.
- Costs of collecting the claim against the guarantor himself follow the general rules.
The text of the law (unofficial translation)
§ 6-12. Collection costs etc.
What does this mean?
This section states which costs the guarantor must pay when the lender collects the claim. The rules are divided into three. First, court fees and ordinary collection costs from the legal steps taken against the borrower. The guarantor is liable for these only if he was told about the collection in advance. Second, all other costs of collecting the claim against the borrower. The guarantor pays these only if he has agreed that they may be incurred. Such agreement has no effect until the lender has notified him of the borrower's default. Third, costs of collecting the guarantee claim itself, that is, the claim against the guarantor. Here the general rules apply.
For court fees and ordinary collection costs to be claimed from him, the lender must notify him before collection starts. Extra costs beyond the ordinary require the guarantor's agreement. That agreement cannot be given until the guarantor has received notice of the default.
This section builds on § 6-10. It states that the lender must first take legal steps against the borrower to obtain an enforceable title before the guarantor can be claimed against. It is these steps that the cost rule in the first paragraph applies to. § 6-11 follows a similar pattern for interest: the lender's notification affects what the guarantor can be claimed for. Under § 6-13, the guarantor can himself claim payment from the borrower, to the extent he is liable to the lender.
Example: The lender takes legal steps against the borrower without telling the guarantor. The lender then cannot claim the court fee and the ordinary collection costs from the guarantor, since there was no advance notice.