§ 1. Which cases does the Debt Collection Act (inkassoloven) apply to?

The Debt Collection Act only applies when someone is going to collect money you owe after the payment deadline (betalingsfrist) has passed. If you disagree with the bill and have said so, it no longer counts as an ordinary debt collection (inkasso) case. The Act's ordinary collection (inndriving) process then stops, and the case must be resolved as a dispute, often through the Conciliation Board (forliksrådet).

The Debt Collection Act·LOV-1988-05-13-26

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

The text of the law (unofficial translation)

The Act applies to the collection of overdue monetary claims (forfalt pengekrav). Legal assistance in connection with disputed monetary claims is not regarded as collection. The Act yields to provisions in or pursuant to other legislation.

The King in Council (Kongen) may decide that the Act shall apply to Svalbard and Jan Mayen.

Source: Lovdata — Inkassoloven (the Debt Collection Act) § 1

What does this mean?

The Debt Collection Act sets the rules of the game for how companies and private individuals can collect money that has not been paid on time. The Act draws some very clear lines between what counts as debt collection and what falls outside it. For the Act to apply at all, there must be an "overdue monetary claim".

An overdue monetary claim simply means a bill or a loan where the payment deadline has passed. If you have received an invoice with a due date (forfallsdato) of 15 March, and the calendar shows 16 March without the money having been paid, the claim is overdue. Only then can the debt collection rules start to apply. No one can start a debt collection process before the deadline you were originally given has passed.

The most important part of this section, however, is the exception: the Act distinguishes strictly between bills you have simply forgotten or cannot pay, and bills you actually disagree with. If you receive a claim for an item you never ordered, or for a tradesman's job that was done completely wrong, and you tell the person demanding money about this, it is called a "disputed claim" (omtvistet krav).

When a claim is disputed, the Act says that the work of collecting the money no longer counts as debt collection within the meaning of the Act. It is then really a matter of legal assistance or conflict resolution. A debt collection agency (inkassobyrå) is not allowed to force through a payment or threaten a payment default record (betalingsanmerkning) if you have a legitimate reason (saklig grunn) to refuse to pay.

Finally, the section mentions that the King in Council (in practice the government) can decide that the Act shall also apply on Svalbard and Jan Mayen. For you who live on the Norwegian mainland, this simply means that the Debt Collection Act applies everywhere you normally live and travel in the country.

What happens when you disagree with a bill?

This is the biggest misunderstanding people have about debt collection. Very many believe they have to pay a bill they think is wrong, just because it has gone to debt collection. They are afraid of fees (gebyr) and payment default records. But the law is on your side here.

When you say that you will not pay because the bill is wrong, the debt collection process is in practice "frozen". This is called disputing (bestride) the claim. Once the claim is disputed, the debt collection company (inkassoselskap) is not allowed to send you more reminder fees (purregebyr) or threaten attachment proceedings (utleggsforretning) and the enforcement officer (namsmannen). The ordinary debt collection rules are put on hold.

Instead, the case must move onto a different track. The party who believes you owe them money must prove that they are right. If you cannot agree, the next step is usually that the case is sent to the Conciliation Board. At the Conciliation Board you meet to present your sides of the case, and then they decide who is right.

This means you should never feel pressured to pay for something that is wrong. As long as you speak up clearly, in writing, and explain why you disagree, the debt collection notice (inkassovarsel) loses its power. But remember: you must have a real, legitimate reason. Saying "I won't pay because I can't afford it" does not make the claim disputed. It just means you are broke. The claim must be wrong, for example the wrong amount, the wrong item, defects in the item, or that you have already paid.

Comparison: When does the debt collection process stop?

SituationIs the claim disputed?Can debt collection continue?
You believe the item has a defect and have complainedYesNo, the case must be stopped or go to the Conciliation Board
You don't have money in your account right nowNoYes, the case continues as normal
You believe you have already paid the invoiceYesNo, the agency must check your evidence first
You feel afterwards that the item you bought was too expensiveNoYes, you accepted the price when you bought it
You never ordered the item you have been billed forYesNo, the burden of proof lies with the seller

What happens if you make a mistake?

If you receive a claim you believe is wrong, but you forget to speak up (dispute the claim), the case will keep moving through the debt collection system. Reminder fees, late payment interest (forsinkelsesrente) and fees will accrue. In the end, the case may end up with the enforcement officer for forced collection, for example in the form of a deduction from your wages.

Even if you are right to begin with, everything becomes much harder to sort out if you have let months go by without reacting. It is your duty to state clearly that you do not acknowledge the debt. If you sit completely still in the boat, the system interprets it as you accepting the bill but simply not bothering to pay.

Examples

Kari has had a plumber over to fix a sink. They agreed on a price of NOK 3,000, but the invoice that lands in the letterbox is for NOK 8,000. Kari sends an email to the plumber saying that she will not pay more than the NOK 3,000 they agreed, and that the rest of the claim is wrong. The plumber does not reply, but a month later Kari receives a debt collection notice with fees from a debt collection agency. Since Kari has already said that she disagrees with the price, the claim is "disputed". She contacts the debt collection agency, attaches the email she sent to the plumber, and explains the situation. The debt collection agency must then stop the collection and delete the fees. If the plumber still wants the remaining NOK 5,000, he must take the case to the Conciliation Board. Kari does not have to worry about a payment default record while this is going on.

Thomas has bought a new TV online, and chose to pay by invoice. He forgets the invoice in a drawer and goes on holiday. When he gets home, the case has gone to debt collection. The TV works perfectly, and Thomas knows that he owes the money. He calls the debt collection company and says "I disagree with the bill, so you have to stop the case". The debt collection company asks why he disagrees. Thomas replies that he thinks the debt collection fees are too expensive. This is not a valid reason to dispute the principal claim (hovedkrav) (the price of the TV). The claim is therefore not a genuine "disputed claim" within the meaning of the Act. Thomas must pay both for the TV and the accrued fees.

Common mistakes

  1. Ignoring an incorrect invoice in the hope that it will go away by itself.
  2. Calling the seller to complain without writing down who you spoke to or what was said.
  3. Believing you get a payment default record as soon as you receive a debt collection notice for something you disagree with.
  4. Paying "just to be safe" while you argue about the bill — it is then much harder to get the money back later.

What should you do?

If you receive a claim you believe is wrong, you must act quickly, but there is no need to panic. Follow this recipe to secure your rights:

1. Send a written complaint immediately — Send an email to whoever sent you the bill. Explain briefly and precisely why you will not pay. It is important to do this in writing so that you have evidence. 2. Use the word "bestrider" (dispute) — Write for example: "Jeg bestrider kravet med fakturanummer 12345 fordi jeg aldri har bestilt denne varen." ("I dispute the claim with invoice number 12345 because I never ordered this item.") It is a word the industry understands immediately. 3. Contact the debt collection company if the case has moved on — If you receive a letter from a debt collection agency, you must forward the email you sent to the seller and tell the agency that the claim is disputed. 4. Do not pay the amount you disagree with — If the bill is for NOK 5,000 and you believe NOK 2,000 of it is wrong, you can pay the NOK 3,000 you agree with. But hold back the rest until you reach agreement. 5. Keep all documentation — Save emails, take screenshots of messages, and keep receipts. This is worth its weight in gold if the case ends up at the Conciliation Board.

Frequently asked questions

What does it mean that a claim is overdue?
It simply means that the "due date" (forfall) or "payment deadline" stated on your invoice has passed. If the deadline is 1 September, the claim is overdue on 2 September. Before this, no one can start any debt collection process.
Do I need a lawyer to say that I disagree with a bill?
No, absolutely not. You only need to write a perfectly ordinary email to the debt collection company or the seller explaining in your own words why the bill is wrong. Use common sense and keep it short and to the point.
Can the debt collection company take a charge on my house while we argue about the bill?
No. As long as you have a legitimate and genuine objection (innsigelse) to the bill (the claim is disputed), the case cannot be sent to the enforcement officer to take a charge on your belongings or make deductions from your wages. The dispute must first be resolved through the legal system.
What if the debt collection company doesn't believe me when I say the bill is wrong?
It is not the debt collection company's job to be the judge. If they receive a legitimate complaint from you, they must stop the collection and ask their client (the seller) to document the claim or take the case to the Conciliation Board. If they pressure you anyway, they are breaching good debt collection practice (god inkassoskikk).
Can I stop the debt collection by saying that I am unemployed?
No. Not having money is not a valid reason to "dispute" a claim under the Act. The bill is still valid, and the debt collection process continues. But you should contact them anyway to ask for a repayment plan (nedbetalingsplan).
Related sections
All §§ of the Debt Collection Act →
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