§ 8. Good debt collection practice — your most important protection in debt collection

The debt collection company (inkassoselskap) is allowed to collect money you owe. It is not allowed to threaten, pressure, lie to, frighten or in any other way make your life unreasonably difficult. § 8 is the section that sets the limit, and it applies to absolutely all debt collection activity in Norway.

The Debt Collection Act (Inkassoloven)·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)

Debt collection business (inkassovirksomhet) shall be carried out in accordance with good debt collection practice. The same applies to occasional collection (inndriving) on behalf of others and to collection of one's own monetary claims (pengekrav).

It is contrary to good debt collection practice to use debt collection methods that subject anyone to unreasonable pressure, harm or inconvenience.

Source: Lovdata — Inkassoloven (the Debt Collection Act) § 8

What does this mean?

§ 8 is the overarching rule of conduct for all debt collection business in Norway. It has two subsections, and both are important.

The first subsection says that good debt collection practice applies everywhere — not only at large debt collection agencies (inkassobyråer) with a licence (bevilling), but also at companies that collect their own claims and at individuals who occasionally help someone collect money. No one engaged in collection is exempt.

The second subsection sets the concrete limit: methods that subject anyone to "unreasonable pressure, harm or inconvenience" are prohibited. That sounds general — and it is, on purpose. The lawmakers wanted a flexible rule that can catch all forms of unacceptable conduct, however creative the debt collection industry might become.

"Unreasonable pressure" does not only mean obvious threats. It includes anything that creates a level of pressure that is disproportionate to the situation — contact that is too frequent, timing that is frightening, wording that is likely to intimidate.

What specifically is contrary to good debt collection practice?

Over time, the Debt Collection Complaints Board (Inkassoklagenemnda) and the Financial Supervisory Authority of Norway (Finanstilsynet) have defined what good debt collection practice means in practice. Here are the most important cases:

Excessive contact. Calling once to remind you of an unpaid bill is fine. Calling four times in one day, or sending ten letters in one week, is not. The law sets no exact number, but repeated and persistent contact without a legitimate reason (saklig grunn) is contrary to good debt collection practice.

Contact at unreasonable times. Calling early on a Sunday morning, late in the evening or on public holidays to push for payment is not allowed. The debt collection company should stick to ordinary working hours.

Threats of measures that will not be carried out. It is not allowed to write "you will be reported to the police" or "your car will be taken" if the debt collection company has neither the legal basis to do this nor the intention of doing it. Threats must always be based on real possibilities.

Letters that look like official documents but are not. Some debt collection companies use design and language that make letters resemble court documents. This is misleading and contrary to good debt collection practice.

Contacting your employer, family or neighbours. The debt collection company is not allowed to contact your employer, your spouse, your parents or your neighbours to pressure you into paying. The debt is your business, not your network's.

Presenting the claim as larger or more serious than it is. Saying that your debt has been "passed on to the police" or "registered with the courts" when this is not true is a lie and is prohibited.

Refusing you information. If you have asked for a full breakdown of the claim, the debt collection company is obliged to give it to you. Withholding information you are entitled to is not in line with good debt collection practice.

Starting debt collection measures without following the notification requirements. Sending the case to the enforcement officer (namsmannen) without having sent a debt collection notice (inkassovarsel) and a demand for payment (betalingsoppfordring) with lawful deadlines is a breach of both §§ 9 and 10 — and therefore also of § 8.

What is allowed?

It is important to make the distinction. The debt collection company has every right to:

Contact you in writing and orally to remind you of the debt. Inform you of the consequences of non-payment — more fees, late payment interest (forsinkelsesrente) and possibly collection through the courts (rettslig inndriving). Report a payment default record (betalingsanmerkning) to credit reference agencies (kredittopplysningsforetak) once the conditions are met. Send the case to the enforcement officer and apply for attachment (utlegg) if all notification requirements have been met. Refer you to debt settlement schemes or ask you to get in touch to find a solution.

It is the pressure and the way it is applied that can be unlawful — not the collection itself.

What happens if good debt collection practice is breached?

Breaches of § 8 have concrete consequences for the debt collection company:

You do not have to pay the debt collection fee (inkassosalær). Under § 17, you cannot be charged for costs if the debt collection company has acted contrary to good debt collection practice towards you. This means that what would otherwise have been a cost you had to bear falls away.

The debt collection company can lose its licence. The Financial Supervisory Authority of Norway supervises debt collection business. Repeated or serious breaches can lead to the licence being revoked under § 31.

The company can be punished. § 32 says that repeated or serious breaches of § 8 can be punished with fines or imprisonment of up to three months.

The complaints board (nemnd) can order cost coverage. The Debt Collection Complaints Board can decide that the debt collection company must cover the board's own case costs if it breached § 8, cf. § 25.

Example

Sofie received a debt collection bill from a subscription company. She believed the invoice was wrong and said so in writing. The debt collection company nevertheless sent three more letters within one week, called her twice on a Friday evening, and scribbled in one of the letters that "the case has been passed on to the enforcement officer" — which was not true. Sofie kept the letters and the call log. She complained to the Debt Collection Complaints Board and documented all the contact. The board found that the company had breached § 8 through excessive contact, misleading information and contact at inappropriate times. The company was ordered to pay the board's processing costs, and Sofie did not have to pay the debt collection fee.

Common mistakes

  1. Paying or giving up because the debt collection letter looks frightening, without checking whether the procedure has been lawful
  2. Not documenting the contact — keep all letters and emails, and write down the times of phone calls
  3. Believing it is too late to complain because you have already paid
  4. Not distinguishing between the claim itself (which you may owe) and the debt collection fee (which you may not have to pay if they have broken the law)
  5. Believing that only mobile debt collection agencies are bound by § 8 — the rule applies to everyone

What should you do?

If you experience something that feels wrong, do this:

Put it into words. Write down what happened, when it happened and who you spoke to. Take photos of letters. Save emails. Log phone numbers and times.

Send a written objection (innsigelse). If you have objections to the claim itself, or believe the procedure is unlawful — put it in writing to the debt collection company. This establishes that you have raised the problem, and can affect your right to avoid costs.

Complain to the Debt Collection Complaints Board. If the debt collection company has a licence under § 5, you can demand a complaints board review (nemndsbehandling). It is free and is normally decided within a few months.

Complain to the Financial Supervisory Authority of Norway. Whether or not the company has a licence, you can complain to the Financial Supervisory Authority of Norway at finanstilsynet.no. It can take action against the company.

Frequently asked questions

Can the debt collection company call me on my mobile phone?
Yes, that is allowed. But they cannot call an unreasonable number of times, and they should stick to normal working hours. If they call you repeatedly each day or late in the evening, it is a breach of good debt collection practice.
The debt collection company said I will be reported to the police. Can they do that?
The debt collection company can report you if it believes a criminal offence has been committed, but failing to pay a civil debt is not a criminal offence in itself. Threatening a police report as a means of pressure to get payment — without any real basis — is contrary to good debt collection practice.
Can they write something on the envelope saying it concerns a debt?
Good debt collection practice means that envelopes from debt collection companies should not reveal their contents to outsiders. Writing something on the outside that reveals that it concerns a debt matter can be problematic.
Can the debt collection company contact me on social media?
This is not explicitly regulated, but contacting you via social media to pressure you into paying will in most cases be contrary to good debt collection practice — especially because it can expose your debt situation to others.
What if it is my employer who owes me money and has sent the claim to debt collection?
The Debt Collection Act applies to claims against you as the debtor (skyldner). If you are the one who is owed money, other rules apply — for example the Working Environment Act (arbeidsmiljøloven) for outstanding wages.
Related sections
All §§ of the Debt Collection Act →
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