Debt Collection and Enforcement Lawyer in Germany

Legal Solutions Made in Germany

Debt Collection
& Enforcement
Lawyer
in Germany

Legal Solutions Made in Germany

At Schlun & Elseven Rechtsanwälte, we provide comprehensive guidance and tailored solutions to German and foreign businesses, freelancers and private individuals in debt collection and enforcement in Germany. If a debtor does not comply with their payment obligations, a creditor may rely on enforcement proceedings to recover the sums owed. We differ from non-legal service providers in that we can efficiently use the whole spectrum of legal instruments available to assert your rights. Whether you seek advice regarding amicable debt collection procedures, contested procedures or enforcing foreign judgments, our team is ready to support you.

Our firm specialises in assisting international clients seeking to recover debts from German companies. At Schlun & Elseven Rechtsanwälte, we understand the complexities and nuances of debt collection and enforcement law in Germany, and we have successfully represented clients across various industries, helping them to face the intricacies of German debt collection laws to achieve favourable outcomes. Whether you are a creditor seeking to recover outstanding debts or a debtor facing legal action, we are here to protect your interests and advocate on your behalf.

When you choose Schlun & Elseven Rechtsanwälte, you can rest assured that your debt collection and enforcement matters in Germany are in capable hands. Please do not hesitate to contact us directly to schedule a consultation and learn how we can effectively assist in resolving complex debt-related challenges.

You are here: Home » Debt Collection and Enforcement Lawyer in Germany

Google Rating | Based on 419 reviews

Our Services: Debt Collection and Enforcement Law in Germany

Legal Assistance for National and International Creditors in Germany
  • Compliance and risk management
  • Documentation and contract review
  • Enforcement proceedings including enforcing foreign judgments

  • Legal consultation and advice
  • Legal representation in court proceedings | Litigation

  • Negotiations and amicable settlement agreements
  • Post-judgment collection efforts, such as garnishment orders and asset seizures
Legal Services for Debtors
  • Asset protection advice from creditor claims
  • Debt restructuring, including debt consolidation, refinancing, or restructuring agreements
  • Legal defence in enforcement proceedings
Legal Services in Context

The Debt Collection Procedure in Germany

The Pre-Action Phase

At Schlun & Elseven Rechtsanwälte, we support international creditors in Germany by taking proactive steps to enforce their rights under German debt collection law. Our firm is dedicated to guiding international creditors through the pre-action phase with precision and efficiency, ensuring their interests are protected from the outset.

International creditors seeking to recover outstanding debts from German debtors often initiate the pre-action phase by sending a formal demand letter. As experienced legal professionals, we assist our international clients in drafting comprehensive demand letters that clearly articulate the details of the debt owed and assert their rights under German law. Our demand letters are tailored to comply with German legal requirements while effectively conveying our clients’ expectations for prompt payment within a specified timeframe.

In many cases, negotiations between the creditor and the debtor represent an opportunity to resolve debt disputes amicably and without resorting to formal legal proceedings. The lawyers at Schlun & Elseven Rechtsanwälte understand the importance of engaging in constructive negotiations that prioritise our clients’ interests while seeking to preserve business relationships and avoid unnecessary litigation. Our skilled negotiators work diligently to represent the interests of international creditors during negotiations, leveraging their expertise in German debt collection law to pursue favourable settlement terms.

During amicable debt collections, our lawyers will act on your behalf when contacting debtors, prepare the necessary documents for the process and ensure that your company is fully updated regarding developments.

Debt Collection Legal Proceedings

When informal negotiations and out-of-court settlements fail to yield results, Schlun & Elseven Rechtsanwälte assists international clients in engaging in the formal legal proceedings necessary to enforce their rights under German debt collection and enforcement law. We will oversee the submission to the competent court regarding the claim and the debts. Should the debtor remain unresponsive to the initial demand letter or refuse to settle the outstanding debt, our firm initiates legal action by filing a lawsuit (Mahnantrag) with the appropriate local court (Mahngericht). Our lawyers will source the required documents, such as expert statements and further evidence.

Following the filing of the lawsuit, the court ensures proper service of the legal documents upon the debtor. This serves as official notification, granting the debtor a specified timeframe to respond to the lawsuit. In the event that the debtor disputes the creditor’s claim, they have the option to file an objection (Widerspruch) with the court. This action triggers further legal proceedings, necessitating thorough legal representation and strategic advocacy.

Enforcement Measures Available in Germany

At Schlun & Elseven Rechtsanwälte, we recognise that international clients seeking to enforce their rights in Germany may encounter unique challenges and complexities. Our firm is dedicated to providing comprehensive legal assistance and guidance to assess the enforcement measures available under German law effectively. Upon obtaining a favourable judgment, international creditors in Germany have access to various enforcement mechanisms to compel debtors to fulfil their obligations. These measures include:

  • Garnishment of Wages or Bank Accounts: Garnishment enables creditors to collect debts directly from the debtor’s income or bank accounts. Our experienced team assists international clients with wage garnishment and bank account seizure under German law, ensuring compliance with legal requirements and maximising debt recovery.
  • Seizure of Assets: Creditors may seek to enforce judgments by seizing and liquidating the debtor’s assets. This may involve seizing movable or immovable property, such as vehicles, real estate, or other valuable assets. Schlun & Elseven Rechtsanwälte provides strategic guidance to international clients on asset seizure proceedings, facilitating efficient debt recovery while protecting our clients’ interests.
  • Other Enforcement Proceedings: Besides wage garnishment and asset seizure, creditors may explore alternative enforcement proceedings available under German law. These may include obtaining information about the debtor’s assets, compelling third parties to satisfy the debt, or auctioning off property to recover the amount owed. Our firm offers comprehensive legal support throughout the enforcement process, ensuring that international clients understand their options and pursue the most effective strategies for debt collection.

Facing the legal framework governing enforcement measures in Germany requires a thorough understanding of German procedural rules and regulations. Our clients can be assured that Schlun & Elseven Rechtsanwälte leverages its expertise in German debt collection law to guide international clients through the complexities of enforcement proceedings, ensuring compliance with legal requirements and maximising the chances of successful debt recovery.

Furthermore, our firm assists international clients in enforcing foreign judgments in Germany, leveraging our knowledge of international legal frameworks and treaty obligations. We provide strategic advice and representation to ensure foreign judgments are recognised and enforced effectively under German law.

Recognition & Enforcement of Judgments

Should a judgment regarding debt collection be made in a foreign jurisdiction, it is advisable to consult with a legal professional regarding its enforceability. The European Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the CFI Regulation) means it is more straightforward for EU member states to recognise each other’s judgments than those from non-EU jurisdictions. According to § 36 of this regulation, “a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.”

For cases involving non-EU court judgment recognition and afterwards enforcement, it is § 328 German Code of Civil Procedure (ZPO) that plays a vital role. § 328 ZPO states that one of its requirements is the reciprocity of recognition. This reciprocity indicates that if the other jurisdiction does not recognise German judgments, it is unlikely that those judgments will be recognised in German courts. Also, judgments need to be made in a manner that is compatible with the fundamental rights of German law.

Default Actions

Failure by the debtor to respond to the lawsuit within the specified timeframe or to file an objection may result in the court issuing a default judgment (Versäumnisurteil). This judgment typically favours the creditor and is a significant step forward in the debt collection process. A judicial order for a default action is a civil court procedure to enforce monetary claims against a defaulting debtor, governed by § 688 ZPO. This order provides an alternative to the legal action procedure that does not require a detailed statement of claim, and it is conducted without the need for evidence and oral proceedings.

This default action can be pursued where the creditor assumes that the debtor will not object. A default action promises to enforce a financial claim faster and more effectively than by bringing legal action. All that is needed is to fill in and submit an application form, which the creditor can do online. Moreover, the costs are lower than those of legal action.

The debtor may object to the default summons in writing per § 694 ZPO. The objection period is two weeks, starting with the service of the order for payment (§ 692 (1) No. 3 ZPO) or in the case of service abroad, the period is one month (§ 32 (3) AVAG). An enforcement order may not be issued if an objection is raised in time. At the request of one of the parties, the order for default action is then transferred to ordinary court proceedings (§§ 696 (1) sentence 1, 697 ZPO).

Debt Restructuring

Debt restructuring is a critical process that can offer much-needed relief to companies facing financial challenges. At Schlun & Elseven Rechtsanwälte, our dedicated legal team specialises in supporting clients through this complex and often daunting endeavour. We understand that each situation is unique, and as such, we offer customised solutions tailored to meet our clients’ specific needs and goals.

Our approach to debt restructuring goes beyond mere financial transactions. We work closely with our clients to comprehensively understand their business objectives, financial structures, and potential threats. Armed with this insight, our team leverages its deep knowledge of German insolvency law and corporate restructuring to develop innovative strategies for sustainable long-term solutions. From consensual debt restructurings to financial recapitalisation, we offer various options to address our clients’ diverse needs. Whether it’s renegotiating loan terms, restructuring existing debts, or exploring alternative financing arrangements, we provide expert guidance every step of the way.

Legal Protection for Debtors

Legal protection for debtors is paramount in ensuring fairness and safeguarding their rights during enforcement proceedings in Germany. At Schlun & Elseven Rechtsanwälte, we understand the complexities and challenges debtors may face, and we are committed to providing them with comprehensive legal protection and representation. Debtors benefit from various legal protections against enforcement proceedings, including the right to challenge enforcement reminders and asset seizures, oppose enforcement in court, lodge prompt complaints, and assert third-party claims. These protections serve as essential safeguards to prevent unjust or unwarranted actions against debtors.

In cases where a debtor is insolvent, enforcement proceedings cannot proceed, as the collective satisfaction of all creditors takes precedence. If creditors suspect potential insolvency proceedings against a debtor, swift action is advised to initiate enforcement proceedings promptly. Doing so is crucial to prevent the detrimental effects of pro-rata satisfaction of creditors’ demands from the debtor’s funds.

At Schlu & Elseven Rechtsanwälte, we work diligently to protect the legal rights and interests of our clients throughout the enforcement process. Our experienced legal team provides strategic advice and representation to help debtors face enforcement proceedings in Germany effectively, ensuring their rights are upheld and their interests are safeguarded. We are dedicated to advocating for fair treatment and ensuring that debtors receive the legal protection they deserve.

    The Role of Schlun & Elseven in the Debt Collection Process

    At Schlun & Elseven Rechtsanwälte, we serve as essential guides and advocates for international clients seeking to enforce their debt collection and enforcement rights under German law. Our specialised expertise allows us to offer invaluable comprehensive guidance and representation to clients involved in debt collection proceedings. Our team fulfils this role by providing the following:

    • Legal Guidance: We thoroughly explain our clients’ rights and obligations under German debt collection law. We aim to ensure our clients understand the nuances of the legal process, including procedural requirements, available remedies, and potential challenges.
    • Representation: We advocate tirelessly on behalf of our clients in negotiations, court proceedings, and enforcement actions. Our experienced attorneys protect our clients’ interests and pursue favourable outcomes with dedication and expertise.
    • Strategy Development: We develop tailored strategies to address the unique circumstances of each case. By analysing the facts and legal issues involved, we devise proactive approaches to achieve optimal results for our clients.

    For several reasons, seeking legal advice and representation from professionals like Schlun & Elseven Rechtsanwälte is crucial. Our team has extensive knowledge of German debt collection law and procedures, ensuring clients receive accurate and reliable legal advice. Additionally, we help mitigate legal risks and avoid pitfalls throughout the debt collection process, safeguarding clients’ interests and minimising exposure to liabilities. By entrusting their legal matters to us, clients can streamline the debt collection process in Germany, achieve faster resolutions, and focus on their core business activities. Our strategic approach aims to maximise debt recovery while minimising costs and resources, ensuring clients receive the appropriate compensation.

      Schlun & Elseven Logo

      Practice Group: German Debt Collection Law

      Practice Group:
      German Debt Collection Law

      Aykut Elseven

      Lawyer | Managing Partner

      Dr. Thomas Bichat

      Lawyer | Salary Partner

      Contact our Lawyers for Debt Collection & Enforcement in Germany

      Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.

      At Schlun & Elseven Rechtsanwälte, we understand our clients’ need for maximum security when dealing with personal information and confidential records. That is why we offer a specially-operated > secure message and file server with the highest security standards.

      You can use this mechanism to send us encrypted files and messages. The contents are encrypted with a password assigned by you, which you must send to us via a third channel.  Depending on the level of security required, you can forward this password to our offices via our contact form, > email, > telephone, or even PGP.

      You can also send us the request directly via PGP. However, we recommend using our secure server for sending files. You can download our public key > here. Our fingerprint is: BF 10 9852 679B AFD5 F486 C5C4 E2E4 E9AC CB5E 7FA5.

      Locations & Office Times

      Mo – Fr: 09:00 – 19:00
      24h Contact: 0221 93295960
      Email: info@se-legal.de
      Appointments made by telephone only.

      Von-Coels-Str. 214
      52080 Aachen
      Tel: +49 241 4757140
      Fax: 0241 47571469

      Kyffhäuserstr. 45
      50674 Cologne
      Tel: +49 221 93295960
      Fax: 0221 932959669

      Düsseldorfer Str. 70
      40545 Düsseldorf
      Tel: +49 211 882 84196
      Fax: 0221 932959669

      Locations & Office Times

      Mo – Fr: 09:00 – 19:00
      24h Contact: 0221 93295960
      Email: info@se-legal.de
      Appointments made by telephone only.

      Conference Rooms

      Berlin 10785, Potsdamer Platz 10

      Frankfurt 60314, Hanauer Landstrasse 291 B

      Hamburg 20354, Neuer Wall 63

      München 80339, Theresienhöhe 28