Jag har lånat ut pengar till min ex-flickvän och vi har ett skriftligt avtal - vad gör jag om hon inte betalar enligt avbetalningsplanen?

FRÅGA
Hi.I'm written this message, because I borrow 40.000 SKR to my ex-girlfriend and would like to know what I can do if she doesn't want to pay me back. We have made a loan document with her and my personally no and date then all the loan must be payed back. also to which account she have to pay to. I took photos while she sign it as well. But now I'm a little insecure about it all.Kind regards...
SVAR

Hi!

Thank you for contacting us at Lawline!

It sounds to me like you have done a good job with preparing the loan agreement in a written version with yours and your ex-girlfriends personal data, signatures and a plan for the return of the money. This is a legally binding document and your ex-girlfriend is obligated to pay you back according to the agreement. If she for some reason does not return the money on the agreed date, you can get help from the Swedish Enforcement Authority (I will refer to it as the SEA in this text for short). I will explain how you do this in case it is needed. I will refer to some rules found in lag om betalningsföreläggande och handräckning.

To get a dept payed you can apply for help from the Enforcement Authority

If your ex-girlfriend does not pay you back according to the terms of your agreement, you can apply for an order to pay at the SEA (2 §). To do so, you fill in this form and send it to the SEA. In the form you state your claims i.e. what you want your ex-girlfriend to pay you, and you state the grounds for the claim i.e. the agreement. There is an application fee of 300 SEK today (September 2018), but in the form you can ask that this is recovered from your ex-girlfriend. You should also state you wish the SEA to assist in recovering the debt if they issue a verdict.

Once the SEA has looked at the application and accepted it, they will send an order to pay to your ex-girlfriend (25 §). Basically, that is a message saying that you want your money back and what you base your claims on. This can lead to three different scenarios.

1. She accepts your claims and pays you back immediately.

2. She answers the SEA and objects to your claim and the debt. The SEA will inform you of this and you will have the option to have them pass the issue to the court or let them drop it (33 §).

3. She does not pay you back and does not reply to the SEA. In this case, the SEA will issue a verdict that says that she is obligated to pay the debt (42 §). If you ask for help with execution of the verdict in the application, they can immediately start to work on recovering your debt from your ex-girlfriend once the verdict is issued. It is also possible to apply for execution after the verdict is issued.

If she objects to the debt after contact with the SEA

If your ex-girlfriend should object to the debt, your will have the option of moving onto a court. This means you might end up having to go through an entire trial to have your money back. In this case you have documentation of the loan agreement as proof of the debt and it concerns a rather large sum of money, so I would recommend you do this. However, it is important to always consider the risks of going to court and the potential costs as well as the time and energy it will take.

Although, should this happen, I also recommend you hire a lawyer who can represent you in court to increase your chances of success. You are welcome to contact our law firm for a consultation if it is needed in the future.

Conclusion

Your ex-girlfriend is obligated to follow the terms of your agreement. If she fails to pay at the agreed date, I recommend you do the following

1. Contact her and remind her of the debt and the agreement. Give her a specific time frame to pay you back and tell her you will consider applying for help at the SEA if she does not return the money. It is easiest for the both of you if you can sort this out on your own without help from the authorities.

2. Apply for an order to pay at the SEA using this form. Ask for help with executing an issued verdict and as for your ex-girlfriend to pay the application fee already when applying. Hopefully, your ex-girlfriend will pay you back at this point. Alternately, she fails to pay and does not reply to the SEA. That means the SEA can issue a verdict and start working on getting your money back.

3. Should she object to the debt, you can ask to have it passed to the court. Considering the documentation and the large sum of money, I would recommend taking this step. However, I also think you should consider hiring a lawyer at this point. You can book a meeting with our law firm here.

Should you need more assistance, the SEA has a lot of good information on its website and it is always possible to contact them if you have concrete questions.

I hope that I've been able to answer your questions. If not, you are welcome to contact us again.

Best regards,

Mikaela von Bornstedt
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