§ 11. Duties before collection through the courts — what must happen before the case can go to court
The debt collection company (inkassoselskap) cannot simply go to the enforcement officer (namsmannen) or file a writ of summons (stevning) in the district court (tingretten). Before they can do that, they must have sent you a demand for payment (betalingsoppfordring) with a warning that collection through the courts (rettslig inndriving) will take place, all deadlines must have expired, and they must have assessed whether the claim is actually valid. In addition: if more than six months have passed since the last demand for payment, they must send a new one.
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)
Before a debt collector (inkassator) initiates collection through the courts, the debt collector must have sent the debtor (skyldner) a demand for payment with a warning that collection through the courts will be initiated, cf. § 10. In addition, the payment deadlines (betalingsfrist) the debtor has been given must have expired, and the debt collector must have assessed whether the claim is valid.
If more than six months have passed since the demand for payment was sent, the debt collector cannot initiate collection through the courts until the payment deadline in a new demand for payment under § 10 has expired.
What does this mean?
§ 11 is the last formal barrier between you and the court system. After the debt collection notice (inkassovarsel) (§ 9) and the demand for payment (§ 10), this is the step that establishes that collection through the courts cannot happen on impulse — not even after both deadlines have expired.
There are three cumulative requirements:
The demand for payment must contain a warning of collection through the courts. A demand for payment that only says "pay within 14 days" is not enough. It must also state that failure to pay may lead to collection through the courts. Alternatively, this requirement can be met by the debt collection company sending a separate letter with such a warning and a new 14-day deadline.
All deadlines must have expired. Even if the letter has been sent, they cannot go to court while you still have time left to pay. The deadline must actually have expired.
The debt collection company must have assessed whether the claim is valid. This is not just a formality. It is a requirement for an active assessment. If you have sent objections (innsigelse), they must have been considered. If there are circumstances that give reason for doubt — disagreement about delivery, invoice errors, possible statute of limitations (foreldelse) — this must have been looked into.
The six-month rule
The second paragraph is underrated, but important for many people who have old debt hanging over them.
If more than six months have passed since the last demand for payment was sent, the debt collection company cannot simply go to the enforcement officer. They must send a new demand for payment with a new 14-day deadline.
In practice, this means two things:
First: the debt collection company has to keep track of the case. If they forget it for half a year and then suddenly want to escalate, they must restart the process from the demand for payment.
Second: you always get a new chance to respond. If six months have passed since last time, and you now have objections you did not have then — for example, that you have discovered the invoice is actually wrong — you can use the new deadline to raise them.
What is collection through the courts?
Collection through the courts means the legal enforcement measures the debt collection company can use to force payment. The most important are:
Conciliation complaint (forliksklage). The case is sent to the Conciliation Board (forliksrådet) — a low-threshold option for resolving disputes without full court proceedings. Many debt collection cases are dealt with there.
Application for attachment (utleggsbegjæring) to the enforcement officer. The debt collection company can apply for the enforcement officer to levy attachment (utlegg) on your wages (wage deduction (lønnstrekk)), bank account or belongings. An application for attachment is a serious step.
Writ of summons to the district court. For larger disputed claims (omtvistet krav), the case can go to the district court.
All these measures require that the conditions in § 11 have been met beforehand.
Example
Ingrid received a debt collection case from a plumbing company in 2023. She believed the work was defective and had sent a written complaint to the plumber. The case was left lying without the debt collection company following up. In April 2024 — eleven months after the last demand for payment — the debt collection company gave notice that they would apply for attachment. Ingrid knew about § 11 and pointed out in writing that more than six months had passed since the demand for payment. The debt collection company had to send a new demand for payment. Within the new deadline, Ingrid sent formal documentation of her complaint against the plumber. The debt collection company assessed the case and realised that the claim was doubtful. They stopped the process and sent the case back to the plumber.
Common mistakes
- Thinking you cannot do anything once the demand for payment has been received — you can still respond with objections
- Not knowing about the six-month rule, and therefore accepting an unlawful application for attachment
- Not checking whether the demand for payment actually warned of collection through the courts
- Submitting objections verbally — always do it in writing, with documentation
- Thinking that collection through the courts is the same as a judgment — they are two different things
What should you do?
Have you received a warning that collection through the courts will be initiated? Do this:
Check the date of the last demand for payment. Have more than six months passed? Then the debt collection company is obliged to send a new one — and you are entitled to a new deadline and a new chance to object.
Check whether you have objections. Is the claim wrong, time-barred (foreldet), disputed (bestridt) or based on incorrect facts? Send them in writing — now.
Check whether the process has been followed from the start. Did you receive a debt collection notice with a 14-day deadline? Did you receive a demand for payment with all six pieces of information from § 10? If anything is missing, you may avoid paying the debt collection fee (inkassosalær) under § 17.
Consider complaints board review (nemndsbehandling). If the claim is disputed, you can demand that the case be reviewed by the Debt Collection Complaints Board (Inkassoklagenemnda). It is free and stops court proceedings while the case is being reviewed there.
Frequently asked questions
Can the debt collection company skip § 11 and go straight to court?
What happens if the debt collection company files a conciliation complaint without having followed § 11?
Are an application for attachment and attachment proceedings the same thing?
- § 9debt collection notice with a 14-day deadline
- § 10the demand for payment and its contents
- § 12exceptions from the duty to give notice
- § 17your right to avoid costs if the process is wrong
- § 22the right to complaints board review