Notice For Recovery Of Debt To The Public

Original Language Title: Bekendtgørelse om inddrivelse af gæld til det offentlige

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117219

Overview (table of contents) Chapter 1 Duties of the claimant

Chapter 2 transfer of claims for arrears collection authority

Chapter 3 instalments

Chapter 4 Berostillelse of recovery and respite for people

Chapter 5 the steps by deduction in pay, etc.

Chapter 6 the determination of the maximum lønindeholdelses percent by the use of betalingsevne assessment

Chapter 7 debt relief in accordance with the rules in Recovery Act

Chapter 8 Fees

Chapter 9 specific rules concerning the recovery of certain fines, confiscation costs and amount, etc.

Chapter 10 transmission of cases to the police for the purpose of application of fine alternative custodial penalty

Chapter 11 the treatment of complaints about arrears recovery authority decisions

Chapter 12-Other provisions

Chapter 13 Conversion of current lønindeholdelser per 1. June 2008

Chapter 14 entry into force The full text of the notice on the recovery of debt to the public

Pursuant to section 4, paragraph 3, of the law on The Common Lønindeholdelses directory, see. lovbekendtgørelse nr. 601 of 19. August 1998, as amended by section 41 of Act No. 430 of 6. June 2005, section 70 (A), section 73, paragraphs 3, 4 and 7, and section 76 in kildeskatteloven of the basic regulation. lovbekendtgørelse nr. 1086 of 14. November 2005, as amended by 14 of lov nr. 404 of 8. May 2006, article 15, paragraphs 3-5 of the law on labour market contribution, see. lovbekendtgørelse nr. 1018 by 10. October 2006, as amended by section 1 of Act No. 1235 by 24. October 2007 and section 2 of Act No. 1534 of 19. December 2007, section 91, paragraph 4, and section 92, paragraph 1, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1337 by 3. December 2007, § 997, paragraph 2 2. section, § 997, (3), 2. section, and section 1013, paragraph 4, of the code of civil procedure, see. lovbekendtgørelse nr. 1261 by 23. October 2007, § 2, paragraph 3 and 4 of law No. 939 of 27. December 1991 concerning fees and default interest on benefits collected by the regions and municipalities and recovery of arrears collection authority, as amended by section 1 of Act No. 1093 of 29. December 1997, § 10 of lov nr. 430 of 6. June 2005 and section 81 of the Act No. 537 of 24. June 2005, section 2, paragraphs 1 and 6, § 3, paragraph 5, and section 4, paragraph 2, of law No. 429 of 6. June 2005 on the collection and recovery of certain claims, as amended by section 13 of the Act No. 404 of 8. May 2006, section 14 and section 15 (a), (2) and (3) of the Act, without prejudice to the collection. lovbekendtgørelse nr. 289 of 28. April 2003, as amended by section 51 of Act No. 431 of 6. June 2005, as well as section 35, paragraph 2, of the tax administration, see. lovbekendtgørelse nr. 907 of 28. August 2006 and after negotiation with the Minister of Justice shall be laid down:

Chapter 1

Tasks with the claimant

§ 1. After the transfer of the claim for arrears collection authority to the claimant, or the charge on behalf of the claimant that the claim, if this becomes aware of significant changes in the defendant's social or economic conditions, inform the arrears recovery authority.

(2). If you make changes in the debtor's relationship to give rise to improved economic conditions, the claimant may at the same time as the notification request arrears collection authority to step up recovery.

(3). If you make changes in the debtor's relationship to give rise to worsening economic conditions, the claimant may at the same time as the notification either ask the arrears collection authority to provide respite or allow afdragsvis payment, or to the extent that the claim is not covered by the refusionsret from the Treasury, asking the arrears collection authority to the effect that the matter be returned to the claimant in order that this may allow afdragsvis payment or deferred payment. The claimant must notify the debtor in writing, if the claim request be returned to the claimant.

Chapter 2

Transfer of claims for arrears collection authority

§ 2. Arrears collection authority's customs and tax administration.

§ 3. Obtained the debtor after the transfer with no opposition on the existnece or size, sends delinquent debtor's objections to the claimant, the collection authority or the charge on behalf of the claimant that the claim, for a decision by the objections. Arrears collection authority shall notify the debtor in writing for transmission. Objections from the debtor on the existnece or size do not have suspensory effect in relation to arrears recovery authority recovery of claim, in so far as there are no specific provisions in the legislation.

§ 4. Arrears collection authority may lay down detailed guidelines for electronic data exchange with the claimants. It can including stipulate that claims can be transferred manually or electronically to the arrears collection authority.

(2). Arrears collection authority may lay down detailed guidelines as to who takes care of the return on debt.

Chapter 3

Repayment schemes

§ 5. Instalments laid down by arrears collection authority opposite individuals, can be fixed as a percentage (installment percent) of the annual net income calculated as the annual gross income including. revenues subject to section 12 and positive capital income, less social contributions, pension deposits pursuant to section 14, paragraph 4, nr. 2 (a), SP-contributions, ATP, and treasure. The amount that must be repaid in a year shall be determined on the basis of the following table:









 

 

 





Not dependent on opposite

children



 



Dependants opposite kids







Instalment percentage





Net income interval per year





Instalment percentage







5%





85.000





105.999





0%







6%





106.000





111.999





4%







7%





112.000





117.999





4%







8%





118.000





123.999





4%







9%





124.000





129.999





4%







10%





130.000





135.999





5%







11%





136.000





141.999





6%







12%





142.000





147.999





7%







13%





148.000





153.999





8%







14%





154.000





159.999





9%







15%





160.000





165.999





10%







16%





166.000





171.999





11%







17%





172.000





177.999





12%







18%





178.000





183.999





13%







19%





184.000





189.999





14%








20%





190.000





195.999





15%







21%





196.000





201.999





16%







22%





202.000





207.999





17%







23%





208.000





213.999





18%







24%





214.000





219.999





19%







25%





220.000





225.999





20%







26%





226.000





231.999





21%







27%





232.000





237.999





22%







28%





238.000





243.999





23%







29%





244.000





249.999





24%







30%





250.000





255.999





25%







30%





256.000





261.999





26%







30%





262.000





267.999





28%







30%





268.000





273.999





29%







30%





274.000





+ ∞





30%





 









Stk. 2. The monthly amount to be repaid, is similar to that laid down in accordance with paragraph 1 annual instalment amount divided by 12 and rounded down to the nearest whole or half a hundred.

(3). When installment facility is provided in accordance with paragraph 1, the debtor shall be deemed normal for having left a reasonable allowance for himself and his family. In the absence of information about the debtor's income due to lack of final equation, or if the debt age or size so requires, it may instead be fixed installment facility based on debt. In addition, installment schemes established pursuant to a concrete betalingsevne evaluation according to the rules laid down in Chapter 6, when particular circumstances justify it. Arrears collection authority may also accede to the proposal for instalments from the debtor, when the proposal ensures the settlement of the arrears within a reasonable timescale.

(4). Arrears collection authority may modify the amount of monthly payments, when the debtor's financial circumstances change.

(5). An installment scheme in accordance with paragraph 1 or 3, as observed by the debtor, does not preclude that arrears collection authority may make and implement seizure, set-off and entry, etc., when reservations for this.

(6). Are the parents not cohabiting, it is considered that the parents as the family income paid to as breadwinner.

Chapter 4

Berostillelse of recovery and respite for people

§ 6. Arrears collection authority may grant more time, when the debtor in accordance with section 5, paragraphs 1 and 3, or Chapter 6 does not currently have the ability to pay.

(2). Arrears collection authority may also grant a grace period, when special circumstances justify it, incidentally.

§ 7. Deferred under section 6 shall not prevent arrears collection authority may make and implement seizure, set-off and entry, etc., when reservations for this.

Chapter 5

The procedure for deduction in pay, etc.

§ 8. Decision on the deduction of wages, etc. for the defaulted debt, which recovery of arrears collection authority, including interest, costs, charges and expenses of the court fees, taken by arrears collection authority.

(2). Decision on withholding tax deduction is taken according to the rules laid down in section 73. This deduction is done with a percentage (lønindeholdelses percent) of the calculated or credit split A-income reduced by deductions after tax card, see. However, § 12.

(3). In order to determine whether the attachment of earnings orders must be left to the debtor needed to own and the family's subsistence. This will usually be the case when lønindeholdelses the percentage determined as installment percentage according to the rules in section 5, paragraph 1, multiplied by the net income in accordance with the same provision, divided by a on the basis of the net income under section 5, paragraph 1, of a fixed amount (A)-income incl. A-income subject to § 12 reduced by deductions amount calculated on an annual basis after the tax card. If the so calculated lønindeholdelses percent is not a whole number, shall be rounded down to the nearest whole percent. The total withholding percentage after withholding section 48, paragraph 4, may not exceed 100 percent. If the percentage established in accordance with lønindeholdelses 2.-4. point, is likely to lead to significant coverage of the debt, can be made for a reduced lønindeholdelses percent.

(4). In order to determine whether the attachment of earnings orders shall determine the percentage of lønindeholdelses collection authority arrears according to the rules laid down in paragraph 3 and section 5, paragraph 1, of the basic regulation. However, Chapter 6. Arrears collection authority shall give notice of the debtor in writing that the attachment of earnings orders are intended to be launched. Notice shall specify the percentage of monthly payments under section 5, paragraph 1, and the net income which is taken into account when establishing this repayment percentage. Notice shall also indicate which lønindeholdelses percentage lønindeholdelsen will be implemented together with a possible reduced lønindeholdelses percent in accordance with paragraph 3, last paragraph and what income is taken into account when determining the percentage of lønindeholdelses. Notice shall in addition include a statement that arrears collection authority after renewed notice can change lønindeholdelses percentage, if income conditions change before or after the launch of lønindeholdelsen. Along with the notice of attachment of earnings orders to delinquent collection authority send a budget form to inform the debtor and the debtor can complete and submit the form, and the information will be included in the assessment of whether attachment of earnings orders can be implemented and with what lønindeholdelses percent. The debtor shall have a period of at least 14 days for the submission of the budget form.

(5). Submit the defendant budget form, can lønindeholdelsen be implemented in accordance with the notice. Arrears collection authority shall immediately inform the debtor about the decision. The notification must be in writing and specify the nature and size of the debt.

(6). Attachment of earnings orders may, however, be undertaken without prior notice and notification, if the debtor is not enrolled in the population register and have not supplied an address to which letters can be sent.

(7). If the debtor submits budget scheme assesses the arrears collection authority whether, if lønindeholdelsen be implemented, leaving the debtor needed to own and the family's subsistence. The evaluation is done according to the rules laid down in Chapter 6. The assessment shows that there is no ability to pay, may be granted a grace period, see. § 6. sections 6 and 7 shall also apply to assessments after this piece.


(8). If the arrears collection authority receives an arrears recovery and debtor already have an arrears recovered by attachment of earnings orders, arrears collection authority implement attachment of earnings orders without prior notice, including the percentage of lønindeholdelses can be made with lønindeholdelses rate in accordance with paragraph 3, 2.-4. Section chapters 6, other than section 13, paragraph 1, last paragraph, notwithstanding the fact that attachment of earnings orders have been made with a reduced lønindeholdelses percent in accordance with paragraph 3, last paragraph or section 13, paragraph 1, last paragraph.

(9). Arrears collection authority may decide on a modified lønindeholdelses percent, if the debtor's financial circumstances change. By an increase of lønindeholdelses percentage must observe the rules on notice to delinquent collection authority in paragraph 4.

Paragraph 10. Arrears collection authority shall implement a betalingsevne assessment in accordance with the provisions of Chapter 6, if the debtor as a result of significantly changed economic conditions so requests.

§ 9. Decision on attachment of earnings orders transmitted to The Common Lønindeholdelses directory, see. law on The Common Lønindeholdelses directory.

§ 10. Arrears collection authority may only take a decision on attachment of earnings orders for requirements that exceed 500 us $.

§ 11. The person liable to withholding shall, upon request, give information about the debtor's arrears collection authority all working conditions and economic circumstances of significance for this deduction. Reply must be done within 14 days after receipt of the request.

§ 12. Attachment of earnings orders cannot be made in the following A-income:





1) cash assistance and home help pursuant to section 25 of the Act on an active social policy.

2) introductory benefit pursuant to section 27 of the Act on integration of aliens in Denmark.

3) parental leave allowance for recipients pursuant to section 12, paragraph 9, of the law on childcare leave or section 12, paragraph 8, of the lov nr. 402 of 31. May 2000 on child raising leave.

4) annuities in accordance with the law on workers ' compensation insurance and the law on protection against the consequences of occupational injury.

5) Services as referred to in paragraph 6; 4 in accordance with the law on the compensation of the injured party conscripts and others.

6) Compensation after the accident insurance law for surviving dependants and disability compensation, when the compensation shall be granted as an annual allowance referred to in article 6. lovbekendtgørelse nr. 137 of 26. April 1968 as amended.

7) Services as referred to in paragraph 6; 6 in accordance with the law on the compensation of injured conscripts et al., see. lovbekendtgørelse nr. 138 of 26. April 1968 as amended.

8) Services as referred to in paragraph 6; 6 in accordance with sections 19 to 22 of the law on compensation for occupation of the future victims.

9) War-accident insurance pensions under the law of war-accident insurance for seafarers, see. lovbekendtgørelse nr. 91 of 18. March 1948.

10) War-accident insurance pensions under the law of war-casualty rate to widows after some fishermen.

11) annuities pursuant to the Act on disability support.

12) annuities pursuant to the Act on the payment of benefits for military invalids and their survivors in the South Jutland regions.

13) taxable student aid, etc. in accordance with the law on labour market programmes.

14) School is paid by production schools pursuant to section 17 of the law on the production schools.

15) Skolepraktik allowance granted to students under section 66 k, paragraph 1, of the law on vocational education and training.

16) Allowance granted under section 11 (1) and (2) of the law on employers ' Student refund.

17) taxable adult education support (S) payable to learners in accordance with the Act on support for adult education, see. Article 23, paragraph 2, of law No. 490 of 31. May 2000 on State education aid.

18) Student aid granted in accordance with the law on guidance on choice of education and occupation.

19) School performance under section 3, paragraph 3, and article 5, paragraphs 3 and 4, of the Act on vocational training scene, etc.

20) Remuneration in accordance with the law on allowances for participation in vocational adult and continuing education.

21) support for employees who participate in training as part of job rotation schemes pursuant to article 20, paragraph 4, of the Act on an active labour market policy, see. § 134 of law No. 419 of 10. June 2003 on an active employment efforts.

22) taxable adult education support (SVU), there shall be paid to trainees in accordance with the law on State education aid.

23) taxable scholarships, which are paid out according to the law on State education aid.

24) Subsidy, as a PhD student receives from the Scholarship provides for the organisation of travel expenses for study tours in Denmark and abroad, including the credit split value of tickets and the like, when the performance justifies the PhD students to additional PhD Scholarship under section 52 of the Act on the State's education aid.

25) Stipend to cover living expenses in accordance with the law on universities (University law).

26) Stipend to cover living expenses in accordance with the law on scholarships for certain foreign students for short-and medium-term higher education.





(2). Arrears recovery authority may decide that there is no attachment of earnings orders can be made in other A-incomes than those referred to in paragraph 1.

(3). Withholding persons shall pay such withholding income, acquires a treasure map, etc., in which the withholding rate of withholding tax are listed separately.

Chapter 6

Determination of the maximum lønindeholdelses percent by the use of betalingsevne assessment

§ 13. The maximum lønindeholdelses per cent fixed as the monthly installments in accordance with paragraph 2, multiplied by 100 and divided by the monthly A-income incl. A-income subject to § 12 reduced by the monthly deduction amount after tax card. If the so calculated lønindeholdelses percent is not a whole number, shall be rounded down to the nearest whole percent. The total withholding percentage after withholding section 48, paragraph 4, may not exceed 100 percent. If the lønindeholdelses percent laid down under 1.-3. point, is likely to lead to significant coverage of the debt, can be made for a reduced lønindeholdelses percent.

(2). The monthly installments for payment of the debt is made up of the debtor's and his/her spouse's monthly net income, see. § 14, with deduction of expenditure as follows:





1) reasonable expenses for housing, see. § 15,

2) net expenditures to household underage children living at home, see. § 16,

3) costs of visitation with the minor children referred to in article 6. sections 16-17,

4) contribution obligations referred to in article 6. section 18,

5) expenses for special needs, see. section 19,

6) expenses for special needs, see. section 20,

7) an allowance referred to in article 6. section 21,

8) services on the spouse's debt, see. section 22, and

9) services on other debt, see. § 23.





(3). The monthly installments in accordance with paragraph 2 may not exceed the debtor's net income calculated in accordance with § 14.

(4). The debtor's debt is essentially formed before the commencement of cohabitation with the spouse, or taken there at the same time, a decision on cancellation or handed down there at the same time, debt relief order on the debtor's spouse, or the spouse afdrager public debt represents the monthly repayments the debtor's net income after deduction of expenses (2) No. 9 and half of the costs referred to in paragraph 2, no. 1-7.

(5). (4) 1. indent shall not apply if the spouse's net income is lower than half of the expenditure referred to in paragraph 2, no. 1-7 (4), 2. indent shall not apply where the debtor or the spouse's net income is lower than the sum of his or her expenses in accordance with paragraph 2, nr. 9, and half of the costs referred to in paragraph 2, no. 1-7.

(6). In the cases referred to in paragraph 5, 2. paragraph, paid only mortgage repayments on the debt, which is the responsibility of the spouse, if net income is sufficient to cover the total of the person's expenses in accordance with paragraph 2, nr. 9, and half of the costs referred to in paragraph 2, no. 1-7.

§ 14. Net income is calculated separately for the debtor and his or her spouse.

(2). As income is taken into account all revenues, including revenues subject to section 12, except for





1) income from subsidies, insured, etc., which compensates the recipient of a non-material damage,

2) family allowance, child allowance, child allowance, child pension and other income, which relates to the household, children, and

3) housing and other housing services.





(3). As revenue is counted in addition:





1) payments by the debtor's pensions determined according to the tax adjustment under Pension tax law, as well as

2) payments of compensation for loss of earning capacity, loss of breadwinner and the like.





(4). Net income represents income in paragraph 2-3 net of





1) tax, social contribution, SP-contributions as well as ATP contribution.

2) Pension payments made by the employer,





(a)) when the pension is a compulsory part of the employment relationship, and

(b)) when after the employment relationship in nature, including employment, industry, etc., in the case of ordinary deposits.






3) reasonable costs of acquisition of income, including expenses in addition to 550 kroner to public transportation or in special circumstances, expected and anticipated expenses for ongoing operation and maintenance of the motor vehicle.

4) contingent to the unemployment fund and the Trade Union.

5) contributions to the pension scheme.

6) an amount equal to the tax authority of the commune in Church, when there shall be paid an amount equal to or exceeding the church tax to a religious community which is recognised by Royal resolution, or as Advisory Board has approved as religious communities by pursuant to matrimonial law section 16 (1) (8). 3, to authorize or to give an undertaking to authorise a pastor of faith to carry out marriage ceremonies with civil validity. Paid a lesser amount than the church tax is deducted only this small contribution. Church tax is deducted after nr. 1, may not be deducted from the additional amount to religious communities.





§ 15. NET boligudgiften constitute expenditure for rent payment, payments on mortgage debt, common costs relating to property, property tax, property value tax, electricity, gas, water and heating, refuse collection and the like as well as building and fire insurance for the debtor, his or her spouse and minor children living at home with household deduction of housing subsidies and other benefits that accrue to the household by virtue of the dwelling. In accordance with section 13, paragraph 2, only deducted a reasonable NET boligudgift.

§ 16. Expenditure on household underage children living at home can only be deducted pursuant to section 13, paragraph 2, if the costs in accordance with paragraph 3 nr. 1, 3 and 4 exceed revenues in accordance with paragraph 2 (net cost). The expense in accordance with paragraph 3, no. 2, can always be deducted.

(2). As income included family allowance, child allowance, child allowance, child pension and other income, which relates to the child and is not derived from the child's personal fortune or self-employed work.

(3). Which expenses can be included:





1) expenditure related to the care of the child,

2) reasonable expenses incurred by a debtor or his or her spouse has in respect of a minor child's socializing with the other parent, the child does not have a registered address.

3) the cost of the child's special needs, see. section 19, and the child's special needs, see. section 20, and

4) an allowance that depends on the child's age. On-call amount represents 1,250 USD per month for children until the age of 2. years, 1,600 USD per month for children from the age of 2. years and until the age of 7. years and 2,300 USD per month for children from the age of 7. years and until the age of 18. year.





(4). The net cost is calculated separately for each child.

§ 17. As expenses for visitation with children taken into account reasonable expenses, as a debtor or his spouse to have intercourse with a minor child, who does not have the same registered address as the debtor.

(2). There is joint custody of a child, staying just a lot with both parents, may be with the parents, where the child is not enrolled in the population register, instead of spending to visitation under section 13, paragraph 2, shall be deducted from an amount that after a concrete assessment make up half or more of on-call time amount under section 16 (3), no. 4.

§ 18. As creditor obligations included the debtor and his/her spouse shall be obliged to pay child support and alimony.

(2). The part of the children's contribution that can be deducted under section 13, paragraph 2, may not exceed the amount of the contribution, which may be established pursuant to Chapter 2 of the law on child maintenance.

(3). The part of the maintenance claim, there may be deducted pursuant to section 13, paragraph 2, may not exceed the amount of the contribution, which may be determined in accordance with Chapter 5 of the law on marriage conclusion and resolution.

§ 19. As expenses for special needs can be taken into account necessary cost of medications, treatments, transport, etc., are held because of chronic illness or disability against the debtor or his or her spouse. The amount that may be deducted under section 13, paragraph 2, makes up the expense incurred are deducted from benefits, compensation, grants, etc., which are provided directly to cover the expense, as well as benefits, allowances, etc., that are of a personal nature and likely having to compensate for non-economic damage, if there appears to be causally linked to the fact that triggered the performance, remuneration, etc., and the cost of medications, etc.

§ 20. Reasonable expenses for exceptional needs for the debtor or his household can in exceptional cases be deducted pursuant to section 13, paragraph 2, of the basic regulation. However, section 16, paragraph 1.

§ 21. On-call amount represents 4,600 DKK per month. If the debtor has a spouse increased the amount of on-call time with 3,200 kr.

§ 22. Debt service payments, which the spouse is liable for, can be deducted pursuant to section 13, paragraph 2, to the extent that the amount does not exceed the spouse's net income, see. § 14, with deduction of half the expenditure under section 13, paragraph 2, no. 1-7. Debts relating to spouse's current housing and means of transport may not be deducted in accordance with this provision.

§ 23. Benefits on student debt, repayable social benefits and benefits paid on installment schemes covered by article 2, paragraph 3, of the law on the collection and recovery of some feedings, and installment schemes covered by section 5 or recovered by attachment of earnings orders, can be deducted pursuant to section 13, paragraph 2. Services on private debt relating to acquisitions subject to section 509 of the code, may also be deducted under section 14(2).

§ 24. The rules in this chapter about the spouses shall apply mutatis mutandis to cohabiting.

Chapter 7

Cancellation in accordance with the rules in Recovery Act

§ 25. Interest-only period in remission cases after collection § § 15, 15 a and 15 b represents 5 years and will commence the first of the month, after the debt cancellation decision has become final. When special circumstances justify it, can the period be shorter or longer.

(2). If the debtor has, in the period from the debt cancellation proceedings will be initiated, the decision will be taken, remission not earned an amount for the benefit of creditors, shortened repayment period length by the number of months that the amount covers the monthly installments in accordance with paragraph 1.

section 26. The monthly installments shall be determined in accordance with the rules laid down in Chapter 6 of the basic regulation. However, paragraph 2.

(2). In remission cases section 14 (3) shall be replaced by the following:




In addition, each year shall be taken into account as income:







1) a prorated share of the debtor's pensions paid as a sum after tax rectification pursuant to pension Tax Act, if the pension scheme is or before the interest-only period will be paid out. The proportionate share is in General 1/120 of the total sum for every month from disbursement date is back of the interest-only period, as well as

2) a proportionate share of a compensation for loss of earning capacity, loss of breadwinner and the like, there is or in interest-only period will be paid in one sum. The proportionate share is calculated as the ratio of the sum paid and the number of years that sum likely to compensate.





Chapter 8

Fees

§ 27. For expedition of tasks in connection with the recovery of claims covered by section 2 (1) or (2) of the law on fees and default interest in respect of certain services charged by the regions and municipalities and recovered the arrears collection authority, and section 15, paragraph 4, of the law on a labour market fund, and section 50, section 61 and section 62 (A) in kildeskatteloven, charge arrears collection authority the following fees with the debtor:











1)





Broadcast of 30254





250 us $.







2)





Decision on attachment of earnings orders





250 us $.







3)





Summons for attachment business





250 us $.











Chapter 9

Specific rules concerning the recovery of certain fines, confiscation costs and amount, etc.

The scope of the chapter, etc.

section 28. This chapter shall apply to the arrears recovery authority recovery of penalties and fines, confiscation costs and amounts agreed that it is incumbent on the police to charge, in accordance with the law and were sentenced to fines, confiscation and agreed amount, court costs, etc., which will be taken over for enforcement in Denmark in accordance with the provisions of





1) kriminallov for Greenland,

2) law on cooperation with Finland, Iceland, Norway and Sweden concerning enforcement of punishment and

3) law on the enforcement of certain penal decisions in The European Union.





Recovery

section 29. Amount subject to the provisions of this chapter and which is not paid for, be recovered, unless arrears recovery authority estimates that the recovery is not possible or will significantly impair the debtor's living conditions, see. criminal enforcement section 91, paragraph 1.


section 30. Arrears collection authority may allow deferred payment of amounts subject to afdragsvis or this chapter, see. criminal enforcement section 91, paragraph 3, in accordance with the rules laid down in chapters 3 and 4, of the basic regulation. However, paragraph 2.

(2). When net income is less than 85,000 crowns, see. § 5 (1) of the fixed installment schemes relating to fines either, having regard to the debt or on the basis of a concrete betalingsevne evaluation according to the rules laid down in Chapter 6.

section 31. Pay the debtor of the amount of fine or confiscation or legal costs, to be paid installments first written off on fines in the order in which they are imposed or adopted, then on amount and to confiscation last on court costs.

(2). However, the debtor may always require a paid amount is used for the full repayment of a particular mortgage.

(3). No show with deposit of just a single payment causes the entire remaining amount is due for payment immediately.

Waiver of fines and confiscation amount

section 32. Arrears collection authority may take a decision on the remission of the amount of fines and confiscation, with the exception of periodic penalty payments. Application shall be submitted to the arrears collection authority.

(2). Udstår debtor prison sentence or custody in jail or lockup the subject of an application for cancellation to jail or house arrest. If the debtor is posted to or contained in a prison of pensions or an institution, etc. outside the probation, however, where the application is filed to the institution from which the sentenced person is posted, or to the debtors ' parent institution.

(3). The institution's head or the entitled thereto, shall deliver an option for arrears collection authority whether cancellation should be done.

Suspensive effect upon application on appeal permission or resumption of criminal proceedings

section 33. The debtor shall submit an application for appeal permission, see. Code of civil procedure § 949, paragraph 2, § 951 (2), § 962, (3) and § 966 (2) inform the police arrears recovery authority. The police shall deliver at the same time setting for arrears collection authority whether recovery should be deferred or stopped.

(2). If the arrears collection authority decides that the recovery will not be postponed or stopped, arrears collection authority guiding the sentenced person the right to refer the matter to the National President of the Tribunal, without prejudice. Code of civil procedure § 962, (4) or the Supreme Court, see. Code of civil procedure § 966 (2). Appeals are allowed, the execution is postponed (stopped).

§ 34. The debtor shall submit an application for reopening of the criminal proceedings, the police will inform the arrears recovery authority.

(2). Arrears collection authority exposes or stops its execution, if the special right of Appeal determines the regulation. Civil Code section 986, 1. PT.

Chapter 10

Transmission of cases to the police for the purpose of application of fine alternative custodial penalty

section 35. Arrears collection authority shall transmit the case to the police for the purpose of determining whether the person concerned should abide the alternative custodial penalty of fine, if





1) it is not possible to recover a penalty in whole or in part, and

2) debtor after a concrete assessment in accordance with the rules of Chapter 6 has the ability to pay.





(2). Transmission in accordance with paragraph 1 shall not, however, happen, if





1) there is no legal basis for the establishment of alternative custodial penalty of fine, or

2) alternative custodial penalty is obsolete.





§ 36. § 34 does not include periodic penalty payments. If the penalty incurred is not immediately paid or recovered, transmitter arrears collection authority case to the police for the purpose of determining whether the person concerned must endure on-going punishment for coercive fines.

Chapter 11

The treatment of complaints about arrears recovery authority decisions

section 37. Complaint against arrears recovery authority's decisions for the recovery of claims, etc. must be made in writing to arrears collection authority. The complaint must be received in arrears collection authority within 3 months from the date of receipt of the decision complained of. However, regardless of an overrun of the complaint may appeal the deadline be treated if special circumstances justify it.

section 38. Arrears collection authority may, on the basis of the submitted complaint take a new decision on the case, after which appeals total or partially upheld. The decision must be notified to the complaints within 14 days after the case has been fully disclosed to the authority.

(2). If the arrears collection authority after a reassessment does not find a basis to change the decision, or if arrears collection authority only finds basis in order to provide appeals partially upheld, and complaints in the rise maintains the complaint, shall forward the complaint to the national tax collection authority arrears together with an opinion on the matter.

(3). It must be indicated in the opinion, if there are points in the appeal that are considered incorrect and the reasons for doing so. With opinion must follow in original or copy:





1) Complaint.

2) The decision complained of.

3) documents that the complainant wished to use as evidence.





(4). Notice that the complaint is maintained, without prejudice. (2) must be received by arrears collection authority not later than 1 month after the complaints have been notified of arrears collection authority may give partially upheld the complaint.

§ 39. This chapter shall not apply in the cases covered by the rules set out in Chapter 9 of the basic regulation. The Ministry of Justice notice of right of appeal in cases concerning recovery of fines, confiscation costs, as well as concerning the amount and the order made relating to attachment of earnings orders or objections to the implementation of the set-off after the traffic section 122 (b), (5) the radio and television section 71, paragraph 3, law on rail section 23 (6) of the law on transport companies section 29, paragraph 5, and act on the bus section 5 (7).

Chapter 12

Other provisions

§ 40. Messages, alerts, reminders, pledges and decisions, etc. made or taken by the arrears collection authority may be issued without signature or with mechanically reproduced signature or in a similar way, so that such a document be legally equated with a document with personal signature.

§ 41. The amounts provided for in section 5, paragraph 1, article 14, paragraph 4, nr. 3. Article 16, paragraph 3, nr. 3, section 21 and section 30, paragraph 2, shall be adjusted annually on 1 October. January with 2.0% attributed to or deducted from the percentage adjustment for that fiscal year, see. law on a rate adjustment percentage. The regulated amounts rounded up to the nearest whole Crown amount. The annual adjustment is done the first time with effect from the 1. January 2006. The adjusted amount shall be published by the arrears collection authority.

§ 42. On arrears recovery authority's initiative is created per 1. November 2005 a key Recovery kontaktudvalg Recovery with the Director as Chairman. In the Committee of representatives from the arrears collection authority, the National Association of local authorities and from creditors.

(2). On arrears recovery authority's initiative creates further 30 decentralised Recovery kontaktudvalg with tax Director as Chairman, and with the participation of the municipalities and the tax Centre of the tax authority's area.

Chapter 13

Conversion of current lønindeholdelser per 1. June 2008

section 43. Lønindeholdelser on the basis of drag cards issued with effect prior to the 1. June 2008, must be converted to attachment of earnings orders by recognition of lønindeholdelses percentage in the withholding percentage after withholding section 48, paragraph 4 or 6, 4. PT.

(2). Arrears collection authority carries out the conversion calculation, where the aim is that the recent monetary level of attachment of earnings orders continued. The calculation is based on current tax data and lønindeholdelses settlements for up to 3 completed months. If the calculated lønindeholdelses percent is not a whole number, shall be rounded down to the nearest whole percent. § 8 (3), 4. paragraph shall apply mutatis mutandis. Is arrears collection authority without settlements that may be included in the conversion, this can be carried out according to the arrears recovery authority estimates.

(3). Attachment of earnings orders upon conversion in accordance with paragraphs 1 and 2 may, notwithstanding section 8, paragraph 4, shall be undertaken without notice of the debtor.

(4). Arrears collection authority shall immediately inform the debtor about the decision. The notification must be in writing and shall contain the following information:





1) indication of the original arrears.

2) indication of the current lønindeholdelses percent and time of registration of the attachment of earnings orders so far.

3) indication of lønindeholdelses percentage after the conversion.

4) information that the arrears collection authority can change the lønindeholdelses the percentage referred to in paragraph 5 or in accordance with the rules of change of lønindeholdelses percentage under section 8.

5) Information on the debtor's ability to request reassessment of lønindeholdelses rate in accordance with paragraph 5.






(5). If the debtor prior to or after the decision on the conversion request, arrears collection authority fix lønindeholdelses percentage according to the rules laid down in section 8 and Chapter 6. The rules laid down in paragraphs 2 to 4 shall not apply where the request for 1. item received in advance of arrears recovery authority's decision about the conversion.

(6). Arrears collection authority may lay down lønindeholdelses rate under section 8 and Chapter 6 in cases where arrears collection authority determines that a lønindeholdelses percentage fixed in accordance with paragraph 2 of this article will lead to a lønindeholdelses percent, which differs significantly from the lønindeholdelses percent, which would be determined in accordance with the rules laid down in section 8 and Chapter 6. The rules laid down in paragraphs 2 to 4 shall not apply in these cases. Similarly, if the arrears collection authority after the conversion notes that a lønindeholdelses percent after paragraph 2 substantially differs from the lønindeholdelses percentage that would be determined in accordance with the rules laid down in section 8 and Chapter 6.

Chapter 14

Entry into force of the

§ 44. The notice shall enter into force on the 1. June 2008, and at the same time repealed Executive Order No. 1510 by 13. December 2007 on the recovery of amounts owed to the public and order No. 1128 by 18. December 1997 on administrative compensation and limit in connection with lønindholdelse of the basic regulation. However, paragraph 2.

(2). Lønindeholdelser on the basis of arrears trækkort issued with effect prior to the 1. June 2008 lapse as from 1 May 2004. June 2008. sections 10 and 39 in Decree No. 1510 by 13. December 2007 on recovery of debts to the public shall notwithstanding the provisions of paragraph 1 shall continue to apply for the amount lønindeholdt before the 1. June 2008.
The Danish Ministry of taxation, the 21. May 2008 Kristian J/k.-h. Ludolph