Detailed information in debt collection     Click here for e-mail    back to mainpage

Our law office is specialized in debt collection. We try to get and stay in permanent contact to the debtor by telephone or in written in order to force him to immediate payment and ascertain the reasons of non-payment (f.e. insolvency). If the debtor does not pay the debt immediately, we try to acquire all information on the financial standing and solvency of the debtor.

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1. Out-of-court activities:  

In Germany the debtor has to pay all fees and costs of our office in pre-judicial proceedings if he is in delay of payment. As well he has to bear all costs of court proceedings including court and attorney's fees if he is defeated in a lawsuit (successful court proceedings). Therefore we do not claim for retainer fees in out-of-court-activities. It is the guiding principle of our office to cover our fees and costs by the debtor himself (“no cure no pay”!).

In addition we will not invoice supplementary fees or expenses in case that we would have to state that the debtor is definitely not solvent or bankrupt and the client decides not to go to court because of lack of possibilities to cover the claim in execution proceedings against the debtor.

Out-of-court-activities are regularly involving

- to investigate the actual address and financial standing of the debtor

- sending a dunning letter with a deadline for payment (within 8-10 days). The debtor is obliged to pay our fees ("culpable delay").

- correspondence with the debtor in written and by telephone

- negotiations concerning an instalment agreement (if advisable).

Costs and fees for information and investigation like trade register fees, fees of commercial agencies and resident's address registration office a.s.o. are free of charge too.

Therefore the first step is to review the legal position of the client and to ascertain the financial standing of the debtor by information given by different register and authorities and to contact the debtor by phone and sending a dunning letter at the same time. Please note that it is very important to dispose of a valid address of the debtor, especially legal action would become necessary. Anyway, we will always keep you informed about the actual state of proceedings and the next steps we would like to recommend.

2. Court proceedings:

If the debtor do not react or all measures taken to force the debtor to payment turned out with no result, court proceedings are imperative.

Court fees: It is to point out that in case of legal actions at the court by submitting a written statement of claim (pleading) the client has to provide us with an advance of court fees. In case of legal action the court asks for an advance payment for the court fees. Otherwise the court rejects each action. These costs can not be paid by our office. The court fees are related to a legal table. This scale of fees is binding by law. The amount depends on the sum in controversary (amount of your claim). For instance the court fees for a claim of 10.000,00 EUR are amounting to 588,00 EUR and for 20.000,00 EUR up to 864,00 EUR. We will give you further details on your request.

As a matter of fact we will not initiate legal proceedings against your debtor without your prior consent.

Lawyer fees: In court proceedings we are working regularly on a moderate hourly rate or charge a small flat for working on the file only in case the debtor objects to the claim. As a matter of course we will find an individual agreement, especially in case of multiple debts (no retainer). Provided we are successfull in collecting the debt we refund all retainer.

Please note that we do not charge any retainer if the debtor does not contest nor objects to the claim seriously ("plain sailing").

Due to our standard of service we always provide our clients with general information concerning the actual legal situation.

If the debtor is in bankruptcy proceedings, we file your claim at the bankruptcy court and will preserve your rights (f.e. retention of title).

3. We regularly need the following documents and information:

- all invoices (obligatory),

- your confirmation of order and (if available) the written order of the debtor
- credit and delivery notes (if available)
- a short statement of the matter in dispute and your opinion to your debtor's allegations
- correspondence with the debtor

It is sufficient to send us first the invoice and the contact information of the debtor and your company.

4. execution proceedings:

Enforcement of the judgement could be a further necessary step in debt collection. A lot of measures are possible to levy execution (attachment of the bank account/salary, a.s.o.), details are given on your request.

Please inform us immediately if you receive any payment from the debtor, mentioning the exact amount and the date of the credit to your bank account.

5. Power of Attorney:

It is not necessary to provide us with a written Power of Attorney. We will inform you if we need it anyhow (f.e. cancellation of of contract). In that case please sign and return the Power of Attorney and add the full name (first name, surname) of your company and its director (legal representative).

Do not hesitate to contact us if you have further questions. For further questions we are always prepared to support you with detailed information, information on our work and our conditions, fees and charges.

Our new company information service: information about your debtor for free (is a valid address on your disposal? Is the company still existing? Has it ceased trading? Are there bankruptcy proceedings? What is its legal form?)

Anwaltskanzlei Feinen
Engelbertstrasse 16-26
D-50674 Köln
0049-221-2336400 Tel.
0049-221-2336401 Fax

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debtcollectioningermany.com

Find here the list of documents and information needed in debt collection. Please note that we are able to represent your interests all over Germany. Our Lawyers are called to the bar at every court in Germany.