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Meddelande: <blockquote data-quote="TheLawSister" data-source="post: 247698" data-attributes="member: 6183">Applying in English, since I cam across this topic by chance:To make a long story short: yes Kronofogden can enforce orders in for instance the Benelux. But the options are severely limited unless it is regarding tax and government liabilities. Anything else becomes a black box if Kronofogden tries to enforce abroad.Let me give you the Benelux example. In this case there are 2 scenario’s, one being the claim being at the debt collection company and second the claim being with Kronofogden, because there is a difference between the 2 processes.When the claim is only at the debt collection company they can easily send the collection to a collection company in the Benelux to claim there. Note in that case that there are constraints on the Swedish inkasso  there, one being the interest rate that is being charged by the owner of the debt, that will have to be recalculated from when the debt was payable in full, which can, depending on the total debt can incur a loss for the incase company for a couple of hundreds, or thousands of euro’s. Then it goes through the legal system in the Benelux, and can be enforced through the courts, and then executed, unless there is an objection from the debtor, and he challenges the procedure. Usually Swedish inkasso companies tend to lose that once the law in the Benelux is applied, because the laws differ significantly when it comes to enforcing debt across the EU.When Kronofogden has the determined the debt, things also change significantly. Note that Kronofogden cannot just send the debt to be enforced in the Benelux like it is in Sweden, there is a framework that has to be used, and is actually quite limiting.Basically they are stuck with using the European Attachment Order, which only applies to the bank accounts of the debtor in the Benelux (or the EU, but I am mainly talking about the Benelux since that is my area of practice), but not on assets that the debtor owns abroad. They have, as of now, no possibility to attach the assets of the debtor, something that may change in the future, but which is a bridge too far for many EU countries. Also the bank account should be on the debtor only, so a shared account cannot be enforced. And I may be mistaken, it is also a one off, so it is mainly used for convicted criminals.The next scenario is a Swedish only principle, where the debt collection companies, after the debt has become enforceable by Kronofogden after a while retract it from Kronofogden to try to enforce it later when the debtor has assets is in the Benelux not allowed. There is an actual ‘double jeopardy’ law where if the claim went to court, and became enforceable (in Sweden Kronofogden!), and is then retracted and then reasserted is invalid, because removing the claim from the court (Kronofogden!) means according to the law, at least in the Netherlands and Belgium that the debt does not exist anymore and cannot be reenforced.Difficulty for enforcing is usually due to the mismatch in enforcement practices and the incompatibility of the laws in different countries addressing the way on how to enforce debts; Sweden is quite free, there Kronofogden takes all decisions without a judge, since they are Judge, Jury and Excecutioner. In other countries there is a clear divide between the roles.Also someone mentioned that the public records are not as good in the Benelux as they are in Sweden. That is farther from the truth actually; public records are on par with Sweden if not better, the difference is that even though they are public, if it relates to a person, the person is deemed to be the sole owner of his/ her information, and no one else than the government and the citizen can access the information.There is no ‘open’ setting of that information, it is by default hidden, and it can even be freely requested to further ‘hide’ the information from prying eyes, and that is lifelong. Heck if you send a document here with the person number visible on it they return it immediately stating that the personnumber (BSN) should be made invisible on the document prior to sending. So there is a clear change in handling.The rate to which Kronofogden or the debt collection agencies have access to the population register in the Benelux is thus severely limited, or even none-existent.So in short things are enforceable, but very limited, and not that easy to do. The chances of a crash and burn for the Swedish debt collection companies or Kronofogden are often far greater in front of the courts here than in Sweden of course. And people from the Benelux usually fight back a bit more than the average Swedish citizen. The difference is private vs state debts, state usually just get enforced anyway, private can be very difficult abroad, especially if the debt is ‘sold’ to a inkassobolag.The law in the Benelux is definitely geared to make sure that the debtor pays, do not get me wrong, but the way that it is enforced is often too different to just be able to do it abroad.Also there is a difference in the law: in Sweden the debtor has to prove if he/ she does not have a debt etc. In the Benelux the law is: “Wie eist, bewijst”, loosely translated: ‘He who demands, has the burden of proof’. In Sweden that is the opposite. And a very big incompatibility between the justice systems.All one has to do is ask for the physical signature. If it is not there, the debt does not exist.And electronic signature with Bank-Id does not count, based on the how the PN system works in those countries, plus the high incidence of identity fraud in Sweden does not help usually.So enforcing is possible, and readily available, but extremely limited unless it is a state debt. I stood on both sides with clients, and can attest to how difficult it can be for private debts from Sweden to be enforced by Kronofogden in the Benelux.</blockquote>

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