Unlike the institutions of the various European countries (Italy, Holland, France), the procedure for the Greek order for payment involves a contradictory phase, although with simplified forms compared to the ordinary judgment. The hearing will generally be scheduled within 10 days from the filing of the claim by the creditor.
DEBT COLLECTION IN GREECE
The Greek Code of Civil Procedure governs the institution of payment orders through Articles 624 and 634. To obtain the payment order, the creditor must present a series of documents that demonstrate the validity of a certain, liquid and due credit:
- Invoices signed and stamped by the debtor;
- Evidence of debt acknowledgment;
- Contracts or other agreements.
The Judge, having ascertained the legal requirements, will issue the order for payment and the debtor will have 15 days, from the notification, to file an opposition (ανακοπή) which does not suspend the execution.
Suspension of enforcement may be requested by the debtor. In this case, the creditor has the right to notify the debtor of the order for payment a second time.
ORDINARY PROCEDUR FOR DEBT COLLECTION IN GREECE
There are also simplified procedures for causes worth less than € 1,500, provided for in art. 466 c.p.c., for which there is no possibility of appeal.
If the conditions for requesting an injunction for payment are not met, the debt collection in Greece can be carried out through the ordinary procedure.
This procedure provides for the notification of a summons to the debtor, through a judicial officer, containing all the elements of fact and law as well as the documentary evidence supporting the credit.
In Greece, there is a special procedure for granting the attorney’s power of attorney for litigation, which we will discuss in a specific article, which should be kept in mind in the dynamics of international credit recovery in Greece.