Why does the type of claim affect the fee, procedure, and enforcement of the decision?
-
Are you preparing a lawsuit? Did you know that incorrectly qualifying a claim affects the amount of the court fee and the enforcement procedure?
-
Did you know that a claim to compel a partner to perform a contract and a claim for damages are different types of claims with different procedures?
-
In what cases is it better to file a monetary claim, and in what cases a non-monetary claim – and is it possible to combine both?
A software client wants the developer to complete the system—according to the contract, it was supposed to be completed a month ago. Should they file a lawsuit to “force completion” or “recover compensation for violation”? These are not the same thing. And the choice depends on many things.
What is a property (monetary) claim?
A property claim is a demand for the recovery of a specific sum of money. Grounds for this claim include: unpaid debt, damages, penalties, and unjust enrichment.
Features: the amount of the claim is determined specifically in euros, the court fee or arbitration fee is calculated based on the amount of the claim, and enforcement of the decision is carried out through the bailiff, collecting money from the debtor’s account or property.
What is a non-property claim?
A non-property claim is a demand to perform or refrain from certain actions. It’s not a demand for money, but a demand for behavior: to oblige someone to fulfill a contract, transfer property, remedy a violation, or cease unlawful conduct.
Features: the amount of the claim may not be specified or indicated approximately for the purpose of calculating the fee; the decision is executed through a bailiff, but the mechanism is different: forced execution of the action or a fine for non-compliance.
Examples from practice
Monetary claim: to recover debt under the supply contract in the amount of 15,000 euros, to recover damages for breach of contract in the amount of 8,000 euros, to recover penalties in the amount of 2,000 euros.
Non-property claim: to oblige a partner to transfer sold goods, to oblige a debtor to vacate rented premises, to oblige a contractor to complete construction work, to prohibit a competitor from using a trademark.
A mixed claim: to compel the transfer of goods and to collect a penalty for late transfer – these are two demands in one claim.
When is a monetary claim better?
When an obligation has already been breached and you want compensation. When forcing a partner to perform in kind is impractical or impossible. When speed of payment is important, monetary claims are enforced through account seizure, which is relatively quick.
When is a non-property claim better?
When you need results, not money—the transfer of unique property, access to data, or the fulfillment of an exclusive obligation. When monetary compensation doesn’t compensate for the damage—for example, in the case of a breach of confidentiality or intellectual property rights.
Mixed claim: can it be combined?
Yes. A claim may contain multiple demands simultaneously—for example, “to compel the delivery of goods and collect penalties for late delivery.” Court or arbitration fees are calculated according to the rules for each type of claim.
Important: the claim must clearly delineate the demands and indicate the legal basis for each of them separately.
How does this affect performance?
Monetary judgment: writ of execution, bailiff, seizure of an account or property. Standard procedure.
Non-monetary judgment: a writ of execution is issued, but enforcement is more difficult. If the debtor fails to comply, the court may impose a penalty for non-compliance (periodic payments). Physically forcing compliance is significantly more difficult than collecting money.
Properly qualifying a claim isn’t a formality. It’s choosing the right tool to actually achieve the desired result.
This article is for informational purposes only and does not constitute legal advice.