Small-value debt cases in Lithuanian courts: how a small debt is heard

Cases for the recovery of sums of money not exceeding the amount set in Article 441(1) of the Code of Civil Procedure (CPK) are heard under the general rules of contentious proceedings, with only a few exceptions. The court itself decides how to hear the case. The case is heard in written procedure unless at least one party asks for an oral hearing or the court finds one necessary (CPK Article 441(2)). The judgment gives brief reasons (CPK Article 441(3)).

All other rules are the same as in a larger debt case: the content of the statement of claim, evidence, stamp duty (žyminis mokestis), time limits.

When a debt counts as small

The CPK calls these cases disputes over the recovery of small sums. The rule applies only to cases for the recovery of sums of money, where the sum does not exceed the limit set in CPK Article 441(1) (CPK Article 441(1)).

The limit is compared with the value of the claim (CPK Article 441(2)). In cases for the recovery of money, the value of the claim is the sum claimed (CPK Article 85(1)(1)). Where the claim consists of several independent demands, the total of all of them is taken (CPK Article 85(1)(10)). The claimant states the value of the claim (CPK Article 85(2)). So if you claim a debt under several invoices in one statement of claim, assess them together.

How a small-value case differs from an ordinary one

Written procedure. The court has the right to decide itself how to hear the case. The case is heard in written procedure, except where at least one party asks for an oral hearing or the court finds an oral hearing necessary (CPK Article 441(2)).

What this means for you:

• if you want an oral hearing, ask for it clearly;
• if you do not ask for an oral hearing and the court does not find one necessary, the case is heard in written procedure, so file all documents supporting the debt together with the statement of claim.

A short judgment. In these cases the judgment must contain an introductory part and an operative part, and set out the reasons briefly (CPK Article 441(3)).

Everything else under the general rules. CPK Article 441(1) says these cases are heard under the general rules of contentious proceedings, except for the exceptions in that article. Stamp duty, the requirements for the statement of claim and procedural time limits stay the same. How procedural time limits are counted and when documents are deemed served is explained in our article Procedural deadlines in court: service and extension.

What to put in the statement of claim

Where neither party asks for an oral hearing and the court does not find one necessary, the case is heard in writing (CPK Article 441(2)), so the statement of claim must be complete from the start. In addition to the general requirements for procedural documents, the statement of claim states (CPK Article 135(1)):

• the value of the claim;
• the facts on which the claim is based and the evidence proving them;
• what the claimant asks the court to award;
• the claimant’s view on a judgment by default if the defendant does not file a defence;
• whether the case will be conducted through an advocate;
• the claimant’s view on whether to use, and the scope for, court mediation and, if the claimant wishes, on a settlement.

The statement of claim must be accompanied by the documents and other evidence, proof that stamp duty has been paid, and any requests for the court to obtain evidence you cannot produce yourself (CPK Article 135(2)).

If the debtor does not respond

The court sets the defendant a time limit of not less than fourteen and not more than thirty days to file a defence. The time limit runs from the date the notice is served. In exceptional cases, having regard to a request by the defendant or a third party and to the complexity of the case, the court may extend it up to sixty days (CPK Article 142(1)). If the defendant, without a valid reason, does not file a defence within that time and the claimant asked for a judgment by default, such a judgment may be given (CPK Articles 142(4) and 285(1)). The court then carries out a formal assessment of the claimant’s evidence: it satisfies itself that, if the content of that evidence is confirmed, there would be grounds for such a judgment (CPK Article 285(2)). So include the request for a judgment by default in your statement of claim.

Where to file

All civil cases are heard at first instance by the district courts (apylinkės teismai), except for the cases the Code lists (CPK Article 26). A claim is brought according to the defendant’s place of residence, and against a legal person according to its registered office as shown in the Register of Legal Entities (CPK Article 29).

Court order or statement of claim

For a small debt you can also choose the court order (teismo įsakymas) route. It covers cases on a creditor’s application for money claims arising from contract, tort, employment and other grounds (CPK Article 431(1)). CPK Article 431(1) sets no limit on the amount for this route. However, the court order route is not available, for example, if the debtor lives abroad or has its registered office abroad (CPK Article 431(2)(3)).

When to choose a court order, what stamp duty is paid and what happens when the debtor objects is explained in our article Court order, court fee, interest and bailiff in Lithuania.

Appeal

The CPK sets no special appeal rules for these cases; the general rule applies. The composition of the appeal court depends on the sum in dispute. Where the sum disputed in the appeal does not exceed the amount set in CPK Article 304(1), the case is heard by a single judge. The president of the court or of its civil division may, given the complexity of the case, form a panel of three judges. The judge hearing the appeal may also refer it to a panel of three (CPK Article 304(1)).

When the debtor lives in another EU country

In that case the national court order route is not available (CPK Article 431(2)(3)). You can use Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. This procedure is an alternative to the procedures existing under national law (Article 1 of Regulation No 861/2007). The Regulation applies to cross-border civil and commercial matters where the value of the claim, excluding interest, expenses and disbursements, does not exceed the limit set in Article 2(1) of Regulation No 861/2007. It does not apply to certain matters, for example employment law and bankruptcy (Article 2(2) of Regulation No 861/2007). A case is cross-border where at least one party is domiciled or habitually resident in a Member State other than that of the court (Article 3(1) of Regulation No 861/2007). The procedure starts by filling in standard claim Form A (Article 4(1) of Regulation No 861/2007). Denmark is not bound by the Regulation and it does not apply there (recital 38 of Regulation No 861/2007).

More on debt recovery

• Debt recovery in court: service page
• Court order, documentary procedure or claim in Lithuania: which to choose
• Costs in a debt case in Lithuania: what the debtor must pay
• Debtor in another EU country: European payment order and other routes

How to start

Send us the documents supporting the debt (contract, invoices, delivery or acceptance records, correspondence) and the debtor’s details. We will assess whether to apply for a court order or file a statement of claim, and prepare the court documents.

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

More about this service: debt recovery in court.