§ 23. When the case is before the complaints board, it generally cannot go to court at the same time

§ 23 is about what happens when the same debt collection dispute could end up in two places: with the complaints board and in court. The law tries to prevent the same case from being dealt with twice at the same time.

A complaints board is a complaints body. It can deal with certain debt collection disputes under the rules in § 22. The courts are the ordinary judicial bodies, such as the Conciliation Board (forliksrådet) and the district court. If the same dispute is dealt with in both places at the same time, things can get messy. You can end up with parallel proceedings, duplicated work and a risk of conflicting assessments.

That is why § 23 says that as long as the dispute is being reviewed by the complaints board, it cannot be brought before the ordinary courts. This means that the complaints board review (nemndsbehandling) has a kind of blocking effect. Once the case is with the complaints board, it should generally be dealt with there first.

The law also says when a dispute counts as "under review". This happens from the time the request for complaint review has been received by the complaints board. So you do not need to wait until the complaints board has started writing its assessment. What matters is that the complaint has been received.

But there is an important exception. If the dispute concerns the creditor's claim to have the costs of the collection covered, it can still be brought before the courts together with the principal claim. This means that if the principal claim is already going to be dealt with in court, the question of debt collection costs can be included in the same case.

This is practical. If you and the creditor disagree about both the principal claim and the debt collection costs, it can be inefficient to split the case in two, with the principal claim dealt with in one place and the debt collection costs in another. That is why the law allows the cost question to follow the principal claim in court.

The second paragraph says that a case on which the complaints board has ruled on the merits can be brought directly before the district court. Ruled on the merits means that the complaints board has actually assessed the substance of the case. It has not just dismissed the case on formal grounds. Once the complaints board has assessed the case, it can be taken further to the district court without starting all over again at a lower level.

Why can't the case be dealt with in two places at the same time?

Because it creates uncertainty. Imagine you complain to the complaints board because the debt collection agency (inkassobyrå) is charging fees you think are wrong. At the same time, the debt collection agency or the creditor takes the case to court. Suddenly you may have to follow up two sets of proceedings.

That is demanding for ordinary people. You have to send documentation to two places. You have to keep track of two sets of deadlines. You also risk the case being assessed differently.

§ 23 makes this tidier. When the case is with the complaints board, it should generally not go to court at the same time. This gives you a clearer route of complaint.

At the same time, the rule also protects the debt collector (inkassator) and the creditor. They do not have to respond to the same complaint in two parallel tracks. The case is dealt with in one place first.

What does the exception about the principal claim mean?

The exception is important. It applies when the dispute concerns the creditor's claim to have the costs of the collection covered, and the cost question is dealt with together with the principal claim.

The principal claim is the original claim. It might be the electricity bill, the mobile phone bill, the invoice from the tradesperson or the subscription. Collection costs are the extra charges that arise because the claim was not paid on time. These might be a reminder fee (purregebyr), a debt collection fee (inkassosalær) and other costs.

If the principal claim is going to court anyway, the costs can follow it. That makes sense. The court can then look at the whole case together: Do you owe the principal amount? Was the collection necessary? Can the costs be charged?

Without this exception, the case could be split artificially. The court would then have to decide the principal claim, while the complaints board decided the debt collection costs. That could mean more work and more deadlines for everyone.

When is the case "under review" by the complaints board?

The case counts as under review from the time the complaint has been received by the complaints board. This means the time of submission is important.

If you send the complaint digitally, you should keep the receipt. If you send an email, keep the sent email and any confirmation. If you send a letter, you should be able to document when it was sent and received.

This date can matter. From this point, the case generally cannot be brought before the courts. This means that documentation of submission is not just practical. It can be decisive.

What happens after the complaints board has dealt with the case?

If the complaints board has ruled on the merits of the case, it can be brought directly before the district court. This means the case can be taken further if a party is not satisfied with the outcome.

A ruling on the merits means that the complaints board has assessed the dispute itself. If the case was only dismissed because it came too late, lacked documentation or fell outside the complaints board's area, that is something else.

For you as a debtor (skyldner), this means the complaints board is not necessarily the last stop. But the complaints board can still be an important and simpler first step. You get an assessment of the case without starting with full court proceedings.

If you complain to the complaints board, you should send a clear complaint. State what you dispute: the principal claim, the debt collection costs, the debt collector's conduct or several of these.

Keep a receipt showing that the complaint has been sent. Note the date the complaint was received. This is important under § 23.

If you receive a letter from a court or the Conciliation Board while the case is with the complaints board, you must not ignore the letter. Reply in writing and state that the case is under review by the complaints board. Attach documentation.

If the principal claim is taken to court, you must follow the deadlines there. The exception in § 23 may mean that the debt collection costs are dealt with together with the principal claim.