Documentary procedure in Lithuania: recovering a debt proven by documents

The documentary procedure (dokumentinis procesas) is a simplified way of hearing a statement of claim (ieškinys) when admissible written evidence supports the whole claim (Article 424(1) of the Code of Civil Procedure (CPK)). Without notifying the debtor of the claim, the court issues a preliminary judgment (preliminarus sprendimas) (CPK Article 427(4); CPK Article 428(1)). Within the time limit set by law, the debtor can either comply with it or file reasoned objections backed by evidence (CPK Article 428(6); CPK Article 430(1)). If there are no reasoned objections in time, the preliminary judgment becomes final and a writ of execution (vykdomasis raštas) may be issued on it (CPK Article 428(6) and (8)). For a claim under the documentary procedure you pay half of the stamp duty (žyminis mokestis) payable for a claim (CPK Article 80(1)(8)).

How the court order (teismo įsakymas) works is described in Court order, court fee and bailiff in Lithuania: what happens next. This article is about the documentary procedure, and the differences from a court order are summarised at the end.

Documentary procedure under the CPK: when it is allowed

At the claimant’s request, the documentary procedure may be used for money claims arising from a contract, a tort, employment, maintenance and other grounds. It also covers claims for a movable thing or securities, and claims to evict a tenant under a lease of immovable property (CPK Article 424(1)). The main condition: all the claims must be supported by admissible written evidence.

CPK Article 197(1) defines written evidence: documents, business and personal correspondence and other writings containing data on circumstances relevant to the case. The CPK sets no closed list of documents for the documentary procedure. To prove a debt, use writings that confirm every part of the claim: the basis of the debt, the amount, the payment deadline, and any interest or late-payment penalties.

If not all the claims are supported by written evidence:

  • Where several independent claims are joined, the court hears the properly stated ones under the documentary procedure and separates the others into a separate case under the ordinary rules (CPK Article 424(3)).
  • Where the claim does not fit the documentary procedure, the court sets a time limit to cure the defects: support the claims with written evidence or pay the remaining stamp duty so the case can be heard under the ordinary rules. If you do neither, the claim is treated as not filed and returned (CPK Article 424(2)).

When the documentary procedure does not apply

  • Defendant abroad. Claims are not heard under this procedure if the defendant lives abroad or has its registered office abroad (CPK Article 424(4)).
  • Defendant cannot be found. The preliminary judgment cannot be served on a court-appointed representative (kuratorius) or by public notice (CPK Article 429(1)). If service fails, the court sets you a time limit to give the debtor’s correct address, take steps to allow service by another method, or pay the stamp duty for the ordinary procedure. If you do not comply, the preliminary judgment is set aside and the claim is left unexamined (CPK Article 429(2)).

The claim is filed under the general rules of jurisdiction (CPK Article 424(5)).

The claim and the stamp duty

In addition to the usual content of a claim, you state the request to hear the case under the documentary procedure and list all the written evidence on which you base the claims (CPK Article 425(1)). You attach the evidence itself to the claim (CPK Article 425(2)).

The stamp duty in documentary procedure cases is “half of the amount payable for a claim”, but not less than CPK Article 80(1)(8) sets (CPK Article 80(1)(8); CPK Article 425(3)). If you file the claim and its annexes with the court only by electronic means and state that you wish to receive procedural documents only by those means, you pay “75 per cent of the stamp duty payable for the relevant procedural document”, but not less than the same part sets (CPK Article 80(7)). Both conditions must be met.

Until the preliminary judgment is given, you may abandon the documentary procedure. You then pay the remaining stamp duty and the case is heard under the ordinary rules. If you do not pay, the claim is left unexamined (CPK Article 426).

The preliminary judgment

The case is heard in written proceedings (CPK Article 427(2)). The court must give the preliminary judgment “no later than fourteen days from the day the claim is accepted” (CPK Article 427(3)). Until then the defendant is not told about the claim (CPK Article 427(4)). Where there are grounds, the court may impose interim measures (laikinosios apsaugos priemonės) without notifying the defendant (CPK Article 427(5)).

The court issues a preliminary judgment if the evidence submitted gives grounds to grant the claim (CPK Article 428(1)). If the claim cannot be granted in full on the evidence, the court rules that the case is to be heard under the ordinary rules and sets a time limit to pay the remaining stamp duty (CPK Article 428(7)).

The preliminary judgment tells the debtor to comply with it within twenty days of service or to file reasoned objections. It also states that, without objections, the judgment will become final and a writ of execution may be issued to the claimant on it (CPK Article 428(6)). A preliminary judgment cannot be appealed or challenged in cassation, and it cannot be enforced immediately (CPK Article 428(8) and (9)).

A copy of the judgment, with the claim and annexes, is sent to the defendant no later than the next working day (CPK Article 429(1)). Documents may also be served on the defendant by electronic means (CPK Article 429¹).

The debtor’s objections and their deadline

The defendant files objections in writing “within twenty days from the day the preliminary judgment is served”. They must be reasoned and supported by means of proof. Once the objections are accepted, you do not have to pay any further stamp duty (CPK Article 430(1)).

The court refuses to accept objections that are late or do not meet these requirements. If the defendant missed the time limit for important reasons, the court may renew it at the defendant’s request (CPK Article 430(5)).

Once it accepts the objections, the court sends you a copy no later than the next working day. Within fourteen days of service of the court’s notice you may file a response, further reasons and new evidence (CPK Article 430(2)). The hearing is set “no later than thirty days” from receipt of your response or the end of the time limit for it (CPK Article 430(3)).

Know this in advance as well. In the documentary procedure you cannot change the subject matter or the grounds of the claim, or increase the claim (CPK Article 430(4)). So state the full amount and all the evidence in the claim itself. If you do not file a response to the objections, the court cannot give a default judgment against you for that reason (CPK Article 430(4)).

What happens next

  • No reasoned objections in time. The preliminary judgment becomes final (CPK Article 428(8)), and a writ of execution may be issued to you on it (CPK Article 428(6)). A certified copy of the preliminary judgment is sent to you no later than three working days after it becomes final (CPK Article 429(1)).
  • The debtor pays. If the defendant complies within twenty days of the preliminary judgment being given and submits proof to the court, the court sets the judgment aside and ends the case. The stamp duty you paid is refunded (CPK Article 430(9)).
  • Objections accepted. After hearing the case, the court gives a final judgment: it upholds the preliminary judgment, sets it aside and dismisses the claim, or amends it (CPK Article 430(6)). The final judgment allocates the litigation costs (CPK Article 430(7)). It can be appealed in the ordinary way (CPK Article 430(8)).
  • Settlement. When the court approves a settlement agreement between the parties, the preliminary judgment is set aside by the same ruling (CPK Article 430(9)).

How procedural time limits are counted and when a document counts as served is covered in Court deadlines in Lithuania: when they start and how to extend them.

How the documentary procedure differs from a court order

  • Evidence. No evidence is attached to an application for a court order (CPK Article 433(3)), and the court does not check whether the claim is well founded (CPK Article 435(3)), although it refuses, among other grounds, an application that is clearly unfounded (CPK Article 435(2)). In the documentary procedure the evidence is attached, and the court assesses it before giving the preliminary judgment (CPK Article 425(2); CPK Article 428(1)).
  • Objections. A debtor objecting to a court order need not state the grounds (CPK Article 439(2)). In the documentary procedure, objections must be reasoned and backed by evidence (CPK Article 430(1)).
  • After the objections. Once the court notifies you of objections to a court order, you may, within fourteen days of service of that notice, bring a claim that meets the requirements of CPK Article 135 and pay the missing part of the stamp duty. If you do not file a properly formed claim in time, the court order is set aside (CPK Article 439(3) and (6)). In the documentary procedure the same case continues and no further stamp duty is payable (CPK Article 430(1) and (2)).
  • Stamp duty. For a court order you pay a quarter, for the documentary procedure half, of the amount payable for a claim (CPK Article 80(1)(7) and (8)).

More on debt recovery

How to start

Send us the contract, invoices, acceptance and delivery records, payment statements and the debtor’s letters in which it acknowledges the debt. We will assess whether the written evidence supports the whole claim and whether the documentary procedure fits.

Phone +370 5 212 1506, email info@linden.lt

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