German Litigation Lawyers

At Schlun & Elseven Rechtsanwälte, our experienced lawyers advise on the recognition and enforcement of foreign judgments in Germany. Our team thoroughly analyses the specific judgment in question to determine the optimal legal strategy. The process can involve dealing with complex issues, such as bilateral arrangements between jurisdictions for recognising legal judgments. It’s important to note that countries have no universal obligation to recognise foreign court judgments, although certain international conventions in specific fields facilitate multilateral recognition.

If there is an established bilateral relationship between the jurisdiction of the foreign judgment and Germany, our legal professionals can assist in directly enforcing the judgment through regional courts. However, our lawyers initiate exequatur procedures to seek recognition in German courts for judgments originating from jurisdictions without such arrangements. This procedure is particularly relevant for judgments from countries outside the European Union, such as the USA, China, and Turkey, where specific agreements with Germany may not exist across all legal domains. For personalised guidance on dealing with these legal complexities, please consult our experienced professionals.

Enforcing domestic judgments in Germany is fundamental to upholding legal decisions and rights protected under German law. Schlun & Elseven Rechtsanwälte oversees these processes, ensuring prompt enforcement of court judgments. We handle all aspects, from executing court orders to seizing assets when necessary, leveraging our deep understanding of German civil procedure to provide strategic guidance.

Our firm prioritises the enforcement of German court judgments, assisting clients in securing monetary compensation, injunctive relief, and other court-ordered remedies. We diligently manage the execution of court orders to ensure compliance, including overseeing asset seizures as mandated by court rulings. Additionally, we offer robust debt collection services tailored to each case, aiming for swift and efficient resolution of commercial disputes, contractual breaches, and other legal matters. We stand ready to advocate for our clients’ rights and interests throughout the entirety of domestic judgment enforcement in Germany.

Litigation fraud, classified under § 263 StGB of German law, involves intentionally procuring an unlawful pecuniary advantage by causing financial damage to another through deceit. This includes presenting false facts, distorting, or suppressing information to win a case. There are two primary types of litigation fraud: deceiving the judge to cause financial loss to the losing party, and deceiving the litigant into making self-damaging asset decisions, such as waiving claims.

Litigation fraud can occur in various contexts, including default procedures, insolvency proceedings, and interactions with judicial officers or bailiffs. Given the duty of truth under § 138 ZPO (Code of Civil Procedure), it is crucial for parties to be truthful and vigilant in all statements made during legal proceedings to avoid severe legal consequences.

At Schlun & Elseven Rechtsanwälte, our lawyers provide expert legal opinions across diverse legal areas, helping parties gain a qualified outlook on specific transaction-related issues. These written documents, prepared by qualified lawyers, assess the validity of records, contractual obligations, and the impact of German law on particular projects. Our corporate clients rely on us for expert legal opinions, especially for complex cross-border issues, to avoid costly disputes and ensure smooth transactions.

Private individuals also benefit from our well-considered legal opinions. We efficiently set out the facts, identify relevant laws and regulations, and apply those laws to specific situations. Our thorough examination of legal principles can prevent prolonged disputes and facilitate quick resolutions, safeguarding our clients’ interests.

If you need to serve documents to someone in Germany, our English-speaking lawyers can streamline the process. Instead of dealing with the complexities and delays of working with a local Gerichtsvollzieher (bailiff), partnering with our legal team ensures efficient and professional service. Germany’s lack of private process servers and the procedural requirements for personal delivery can make serving documents from abroad challenging. At Schlun & Elseven Rechtsanwälte, we prioritise timely customer service and transparency, mitigating complications and ensuring your documents are served according to German legal standards.

Tax disputes can arise when taxpayers and tax authorities disagree over self-assessed submissions. In such cases, arbitration is not an option, but individuals and companies should not hesitate to challenge claims made by tax authorities. Tax authorities’ errors are not uncommon, and negotiations can often yield favourable outcomes for taxpayers, especially with the guidance of a skilled tax lawyer. Representation by legal professionals is mandatory at higher courts like the German Fiscal Court.

At Schlun & Elseven Rechtsanwälte, a full-service law firm, we provide comprehensive support to private individuals and companies facing tax litigation. Our experienced tax lawyers are available to advocate for you through any legal disputes that may arise, ensuring your interests are protected and your case is handled with expertise and precision. Trust our team to guide you through the complexities of tax litigation in Germany with personalised attention and strategic legal advice tailored to your specific needs.

Our German litigation and proceedings lawyers support you in enforcing your claims and defending against unjustified accusations or claims.

If a debtor fails to meet their payment obligation, the creditor has the option of initiating enforcement proceedings. The creditor has a wide range of enforcement measures to recover the debt. However, the debtor can also take steps to defend himself against the creditor’s enforcement measures.

Our German lawyers advise creditors and debtors regarding the most suitable enforcement measure or legal protection option for the specific case.

Disputes also arise between tenants and landlords, often settled in court. This is the case, for example, in action for eviction. If a tenant does not move out of the used rental property after the tenancy has been terminated, the landlord can obtain a court decision and subsequent enforcement for eviction.

The courts can also determine preventive measures. The proceedings for the protection against violence serve to determine various measures for the protection against acts of violence and stalking. The defendant can be ordered to take steps regarding contact and physical distance from the applicant through the interim injunction. If the defendant violates the court’s orders, it is possible to file criminal charges.