Scope of application
section 1 of this Act apply to the recovery of its own or another party's claim
by requirements or other debt collection action (debt collection). With
debt collection action of course measure different pressures on
the debtor than an indication of the time for payment or
that the claim, if it is not paid, will be submitted to the
anyone else for collection.
With regard to individuals ' recovery of their own or
related party receivable and dödsbons recovery of own
Receivables the law only if the claim arose in
trade or have been taken over for collection. As
related to a collector is considered the one who is married to
debt collector or sibling or relative of right up-or
descendants of debt collector or are besvågrad with him
or her in the correct ascending or descending line, or so that the
one is married to the other's siblings and the otherwise
says collector personally particularly close.
The law does not apply to the Swedish enforcement authority's activities.
Law (2006:691).
Permits for certain debt collection
section 2 of the debt collection business, which refers to the recovery of claims for
behalf of or claims which has been taken over for
recovery, may be carried out only with the permission of
The Swedish data inspection Board.
If collection activity constitutes a child element in another
activity and not any of the activities constitute
trade or business, or if the collection operations are carried out by a
company for another company within the same group needed
State only in cases where the debt collection activities relating to a claim
that belong to or have been taken over by someone who is not without
permit under this Act had been able to collect the receivables.
Permits are not required for debt collection activities of
companies under supervision or by lawyers.
Law (1999:73).
paragraph 3, authorization may be notified only if the activities likely to be undertaken
on a proper and judicious manner.
Authorization may be notified for a maximum period of ten years at a time. State
may be subject to regulations on how the activities shall be carried out and about
obligation to notify a change of circumstances that have had significance for
the authorization. Law (1981:738).
Rules for debt collection
section 4 of the Collection activities to be carried out in accordance with good inkassosed. In doing so, the
be taken to debtor not caused undue damage or inconvenience or
exposed to undue pressure, or other inappropriate
debt collection action.
§ 5 claims against a debtor shall be made in writing. Requirement shall
contain a clear indication of the name of the creditor and of the fact that
the claim is based. It is a claim that has been transferred
or pledged and the debtor can therefore not with liberating
effect payment to the assignor or the pledgor, the requirement
contain a clear indication of this relationship. The requirements should be provided
instruction on appropriate means of payment.
The requirements are what is required in capital, interest and reimbursement of
costs are entered separately. In case of interest, in particular the
the amount of accrued interest, interest rate as well as the time and
amount of capital that is the basis of the interest calculation.
In connection with the requirements shall be given some reasonable time within which the debtor
have to pay voluntarily or if he has any objection to the
requirement. Law (1981:738).
section 6 of the legal action in respect of the claim may not be taken until
the debtor submitted to the requirements referred to in paragraph 5 and the specified time period
out.
section 7 of the provision in section 6 does not apply, if the debtor apparently seeking
to withdraw to pay, or if there are special reasons
to deviate from what is provided there. Law (1981:738).
section 8, there is probable cause that the claim is not legally founded
or appear to claim otherwise as unfounded, the collection action is not
should be taken.
Effect of specific payment
§ 9 Payment paid by the debtor to the assignment to drive
the claim is invoked against the creditor.
Management of funds collected
section 10 of the funds collected on behalf of others shall be kept separate.
Have the funds collected in the debt collection activities that are not of a temporary nature
and not only relates to individual claims, they shall, without delay,
instituted on behalf of the bank or its equivalent.
If anyone who receives a verification mission to recover a claim has a
otherwise, the ongoing mission of the creditor to a significant extent
collect funds on his behalf without obligation to keep these funds
separately, the parties may agree in writing on exceptions first
paragraph.
Funds collected on behalf of others shall without delay
reported to him, unless otherwise agreed. Law (1981:738).
Register in the debt collection business
10 a of the Register relating to debtors and used in the licensed
debt collection may be transferred or assigned to another only after
consent of the Swedish data inspection Board.
It ended with the licence collection activities or relating to
to move an activity to another country or to discard a
records relating to debtors and used in such activities shall
notify the Swedish data inspection Board. Inspectorate provides in such
how it shall perish with records that are now mentioned and which are affected by the
operation. Law (1981:738).
Professional secrecy in debt collection
section 11 any person who is or has been involved in a
debt collection activities relating to the recovery of claims for
behalf of or claims which has been taken over for
recovery must not improperly disclose or exploit what he
They consequently have been told about individuals '
personal or professional or
business secrets. However, this does not apply in respect of
debt collection activity is temporary in nature and relate only
individual claims.
The first subparagraph shall not apply in the case of the one by one
other statutes are subject to a corresponding
professional secrecy. In the public activities should apply
the provisions of the public access to information and secrecy
(2009:400). Law (2009:415).
Costs for collection actions
section 12 if the debtors obligation to pay the expenses for collection actions
There are special rules. Law (1981:738).
Supervision, etc.
paragraph 13 of the Swedish Data Inspection Board supervises compliance with
This law. Supervision does not cover activities
activities of companies under supervision or
of lawyers.
Supervision shall be exercised so that it does not cause higher costs
or inconvenience than is necessary. Law (1999:73).
section 14 of the Swedish Data Inspection Board has the right to carry out inspection of the
conducts debt collection activities and to take part of all documents
related activities.
The operator shall submit the data inspection Board the
information on the activities that the inspection request for their supervision.
Fails the as operates to provide access to
Act or to disclose in cases referred to in this paragraph,
may inspection, submit to the penalty.
section 15 Of the Swedish data inspection Board's supervision gives rise to it, the inspection
provide for how debt collection activities shall be conducted and if
obligation to notify a change of circumstances that have had significance for
authorisation to engage in the collection business. Regulations on how
debt collection activities to be carried out may be subject to a penalty.
If the person has a permit to conduct debt collection override
provision of this Act or the regulations that have been issued with the support of
the law and its correction not be taken or if the conditions of the permit
in general no longer exists, the data inspection Board may revoke
the authorization. Law (1985:356).
16 repealed by Act (1980:969).
Penalties and damages, etc.
section 17 to a fine or imprisonment not exceeding one year are judged on that
intentionally or negligently:
1. without prior written permission to take an action that is
debt collection activities under this Act,
2. violate the regulation referred to in paragraph 3, second subparagraph, or article
the first paragraph to notify change of circumstance,
3. violates paragraph 10 bis or second subparagraph, first
sentence or against regulation which has been granted in accordance with paragraph 10 (a)
the second sentence of the second subparagraph, or
4. leave the false indication in the cases referred to in paragraph 14 of the other
paragraph. Law (1999:73).
Forfeiture of the registry
17 a of debt Have been carried out without prior written consent, shall
records relating to debtors and used in business
declared forfeited, if it is not obviously obilligt. The same applies,
If a register is transferred or granted in contravention of paragraph 10 (a)
subparagraph, or if the code has been granted in accordance with paragraph 10 (a)
the second sentence has not been followed. Law (1981:738).
section 18 of the debt collection activities shall make good any damage to
as a result of the activities added someone by undue pressure
or other unwarranted collection action. In determining whether and to what extent
damage has occurred teketel also to suffering and other
circumstances by other than purely economic significance.
section 19 of the Swedish Data Inspection Board's decision under this Act may be appealed
in general administrative court. The Attorney General may bring an action
to take to be in the general interest.
Leave to appeal is required for an appeal to the Administrative Court of
decision on the imposition of a penalty. Act (1998:381).
Transitional provisions
1994:1398
This law shall enter into force on 1 January 1995. Decisions that have
granted prior to the entry into force in accordance with the provisions of the older appeal.
1998:381
This law shall enter into force on 1 October 1998. In the case of
appeal against the order issued before the entry into force
for older provisions.