Collection services

If, contrary to expectations, the out-of-court (pre-court) collection procedure has not led to settlement of your claim by the debtor, and the investigations we have made into the personal and financial circumstances of your debtor have not revealed any indications that the further pursuit of your claim in court proceedings would be manifestly futile, we will automatically initiate court order for payment proceedings before the competent local court (dunning court). Since we, as a Registered Collection Agency (Section 10 of the Legal Services Act), are authorized to represent you in these proceedings as your legal representatives, we refrain – for the purpose of avoiding unnecessary additional costs and for the purpose of avoiding unnecessary time delays – from engaging lawyers to represent you.

Application for the issuance of an order for payment

As since 01.12.2008 required by law, we submit the petition online in machine-readable form only to the appropriate district court. A side effect of this form of application is a considerable acceleration of the procedure compared to the submission of the application on the otherwise usual official form.

After service of the dunning notice, the debtor has two weeks to either pay your claim in full or to. If necessary, agree with us on payment deadlines for the settlement of the claim, or assert any objections to your claim by filing an objection to the default summons. If the debtor does not pay and does not lodge an objection, after the two-week period has expired, we will file a claim on your behalf

Application for the issuance of the writ of execution

with the service of which to the debtor the judicial dunning procedure is concluded.

With the writ of execution, execution can be levied against the debtor (z. B. Attachment of chattels by a bailiff, filing of a statement of assets and liabilities – formerly an affidavit or. Oath of disclosure – issuance of the arrest warrant and arrest of the debtor to force the submission of the statement of assets, obtaining information from third parties (z. B. Information from the statutory pension insurance institutions on the current employer, information from the Federal Central Tax Office on the debtor's existing accounts with credit institutions, including the debtor's right to dispose of third-party accounts, information from the Federal Motor Transport Authority on motor vehicles registered in the debtor's name), issuance and service of garnishment and transfer orders – such as garnishment of bank accounts or wages – , as well as compulsory mortgage and compulsory auction of real estate).

Disputed procedure

If the debtor defends himself against your claim asserted with the order for payment by filing an objection against the order for payment or by filing an objection against the enforcement order that may have been issued, we are unfortunately not able to represent you in the contentious proceedings (civil proceedings) before the competent trial court that are then to be conducted. The representation of the parties in civil proceedings is reserved for lawyers. If you wish, we will gladly name a lawyer recommended by us, or arrange the involvement of a lawyer for you, or even take over the correspondence with the lawyer involved for you. Only when the contentious proceedings have been concluded by judgment or settlement will we continue to process your claim ourselves and, if necessary, pursue enforcement against the debtor on the basis of the claim awarded to you by the court.

Settlement of Costs

Depending on the amount in dispute, the legal proceedings can incur high costs. Collection agencies and attorneys are entitled to remuneration for the costly measures involved in the contentious process. At any point in the proceedings, however, we have an eye on your cost risk and on the chance that these investments will pay off again. Not every successful legal proceeding is also economically successful for you. On the other hand, a procedure that seems uneconomical at first glance can also offer the success that one would like to achieve in other places. However, you decide on such targeted investments.

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