Debt Collection and Enforcement Lawyer Germany

If a debtor does not comply with his payment obligations, a creditor may rely on enforcement proceedings to recover the sums owed. In the area of debt collection, we are often approached by German and foreign businesses, freelancers and private individuals. We differ from non-legal service providers in that we can make use of the whole spectrum of legal instruments in order to effectively assert your rights. Generally, all costs of the debt collection procedure are to be borne by the debtor, unless the claim in question is held to be illegitimate in court.

Expertise in debt collection

We can offer you comprehensive legal support from one source. Due to our broad experience in claims management, we are able to work for our clients in a particularly efficient and goal-oriented manner. We will secure your rights and assert them in Germany, as well as internationally. We can act either as an external and independent debt collection department or as a department for particular sub-areas. You need further information? Call us today or contact us in writing.

Below, you will find a list of our services in debt collection and enforcement:

  • Default actions
  • Enforcement proceedings
  • Compulsory auction procedures

Reap the rewards for your work – with us.

Schlun & Elseven will assert your rights to payment promptly, assertively and by all lawful means.

The Debt Collection Procedure

The debtor is usually first requested to pay the outstanding amount out of court. For this the debtor is requested by us to pay his debts within 7-14 days. The extrajudicial demand is required, as otherwise the opposing party could immediately recognise the claim in accordance with § 93 ZPO. This would have the consequence that the creditor would have to bear all costs for the legal proceedings. Therefore, out-of-court solutions should always be sought first.

As the next step, the claims can be asserted in court with a dunning procedure or with a lawsuit.

This is followed by enforcement proceedings. A basic condition to start enforcement proceedings is that there must be an enforcement title. This title determines the identities of the creditor and debtor, as well as the type, substance and range of enforcement. A judgment by a court of law, an enforcement order effected by a default action, an enforceable deed or a settlement agreement can constitute such an enforcement title. Further, the creditor must make an application to the relevant enforcement authority. Depending on the object of the enforcement proceedings, either the District Court or a bailiff may be responsible.

Statistics & Causes

According to a study carried out by the daily newspaper “Die Welt“, medium sized companies lost circa 15 billion Euros in 2012, as they failed to enforce their rights to sums owed. Our experience also shows that small to medium sized businesses often refrain from starting enforcement procedures. The reasons for this are diverse: a lack of personnel, problems with office organisation, a lack of resources, and dependence from debtors can conflict with the enforcement of debt claims.

Legal Protection for Debtors

Debtors have different kinds of legal protection against enforcement proceedings available to them (enforcement reminders, opposing enforcement in court, prompt complaints and third party claims). Enforcement proceedings can become problematic when the debtor is insolvent. In that case, they cannot take place, as the collective satisfaction of all creditors is of higher importance. If a creditor therefore fears that there might be insolvency proceedings against his debtor, he is advised to carry out enforcement proceedings quickly. This is the only way to prevent the damage that would follow a pro rata satisfaction of all creditors’ demands out of the debtor’s funds.

International Team of Lawyers

The international team of lawyers at Schlun & Elseven can advise and represent individuals and companies with business fluency in the following languages: Arabic, German, English, French, Portuguese, Russian, Spanish, and Turkish.

Practice Group for German Debt Collection and Enforcement

Aykut Elseven Lawyer

Aykut Elseven

Dr. Tim Schlun Lawyer

Dr. Tim Schlun

Richard Nouvertné Lawyer

Dr. Richard Nouvertné

Jens Schmidt Lawyer

Jens Schmidt

Contact our Practice Group for German Debt Collection and Enforcement