- Blev medlem
- 5 April 2021
- Meddelanden
- 7
- Mottagna reaktioner
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- 27
You are correct that there is a difference between state debt and private debt when it comes to the Swedish Enforcement Authority (Kronofogden) ability to collect debts by debtors that lives abroad and has left behind their debts in Sweden.
That's the case only if the debtor has a state debt for example tax debts, fees and legal fines that extends 1500 euro. Then Kronofogden can easily transfer the debt to the similar authority or court in the country where the debtor lives that will take over the case and collect the debt by seizing the debtors assets. This coorporation exists internationally between countries enforcements authorities and courts because there are signed international treaties between Sweden and 130 countries that makes it possible to enforce debt collecting on debtors that has tax debts, fees and fines who lives abroad.
But, firstly must Kronofogden have access to the debtors address and contact details abroad to transfer the tax debt to the court abroad, when thats is not the case Kronofogden cant do anything. Kronofogden can only seizure assets that are on Swedish soil. Kronofogden its self has no juristic right to seize debtors assets abroad. As long as the debt is a tax debt, fees, legal fines they have the possibility to transfer the debt further to the other country court if they know that the debtor lives there.
When it comes to private debts for example bank loans, credit card debts, debts to private companies, then there can't Kronofogden do anything because there are no mechanisms or international treaties to enforce debts collecting on private debts on debtors living abroad between the countries enforcement authorities and courts.
Here must the bank and credit card company its self go further and sell the debt to a debt collection agency (Inkassobolag) like Intrum, Lindorff in the country where the debtor lives. If the debtor still refuse to pay, then the bank and credit card company can sue the debtor in the countrys civil court according to that countries civil laws.
Most Swedish banks and credit card companies doesn't go so far because its costs a lot of money and time to enforce private debts in a foreign court. If the private debt is lower than 200 000 SEK then they will not process further by suing the debtor through lawyers in a court abroad since its simply not financially motivated.
There is a exception when it comes to the Nordic countries where its makes it possible to enforce private debts over the borders because the Swedish, Norwegian, Danish and Finnish civil courts system are very similar witch makes it easy for an Swedish bank to make legal proceedings on a debtor in the neighboring countries.
Otherwise it's very difficult and limited for a Swedish bank and credit card company to collect debts on debtors that lives outside the Nordic countries. In addition there are no cooperation in EU to collect private debts on debtors that moves within the EU because there is a huge difference between the EU countries civil laws witch has made it difficult to agree for a common solution.
To conclude it's easy for a debtor to leave Sweden and dodge from paying debts as long as it's not a state debt and the authorities and banks doesn't not have the debtors address and contact details.
That is certainly correct, but also if the private debt has been deemed enforceable by Kronofogden, and there is an execution title to it, the buck stops there. Only thing left is the attachment order even if they have de debtors address abroad. And just taking the debt 'back' from kronofogden to be able to transfer it to a inkasso company in the Benelux for example does not fly. A big no-no for the law in the Benelux if there was an executional title from the bailiff attached to it in the past.