International Enforcement
We specialize in cross-border cases. Foreign judgments and claims can be enforced in Germany with our proven legal strategy.
Documentation Matters
Complete documentation — such as delivery records, invoices, and correspondence — is key to successful enforcement and legal clarity.
From Negotiation to Court
From initial reminders to litigation and enforcement proceedings, we handle every step of your debt recovery process and the debt collection procedure in Germany professionally and efficiently, including initiating enforcement actions as part of enforcement proceedings.
Debt collection, debt recovery, default payments, open accounts, Enforcement of foreign judgements in Germany
Open claims and monetary claims from unpaid invoices or damages are not only annoying for companies, but can also lead to business problems. Because it is ultimately about “cash” and the money owed that is missing. Under German law, default interest accrues on overdue payments, increasing the total amount recoverable.
The extrajudicial assertion of open claims and their enforcement in court—including obtaining a payment order or court order, and, if necessary, an enforcement order or enforceable title—is one of our core tasks in day-to-day practice. Certain legal procedures, such as a default action or default summons, do not require a detailed statement of claim, making them more efficient for quick enforcement. We constantly represent companies and private individuals in all kinds of debt issues & debt collection, helping clients enforce monetary claims through legal procedures. Most debts are subject to statutes of limitations and legal frameworks, which must be considered in every case.
One of our “specialties” is enforcing foreign claims or, more precisely, monetary claims by foreign companies in Germany or enforcing foreign judgments in Germany. Typically, clients come to us in the following constellations:
- the customer has received the ordered goods completely and properly, but as a defaulting debtor, does not pay despite repeated requests
- A machine specially designed according to customer requirements was ordered, for which 50% of the purchase price was paid in advance. But the machine is not delivered
- the customer has received the goods but is holding back payment due to alleged defects
- A judgment has already been obtained abroad that must be enforced in Germany
Depending on the case, claims are filed with the competent local court or district court. In contested cases, ordinary court proceedings may be necessary. When a creditor obtains an enforceable title, enforcement measures can include seizing bank accounts, movable property, or immovable property. If the debtor fails to comply, judicial orders and enforcement actions follow. The overall expenses may include court fees and attorney's fees.
Debt Collection and Enforcement Lawyer in Germany - what is it exactly?
Anyone who writes an invoice wants the recipient to settle it in a timely manner. Because the biller has calculated and planned the receipt of money at certain times.
The “cash flow” is therefore an essential pre-condition for entrepreneurial success. What’s the point if you have the best products and very good sales people, but the money doesn’t come back or doesn’t come back in time? Not all buyers or debtors follow this banal rule.
This is exactly where our work begins. As a debt collector and law firm, we process debt recovery pre-court first and if necessary proceed to litigation actions and transfer it to court until enforcement.
It is not uncommon for a buyer to find himself in financial difficulties and a customer that has filed for bankruptcy or is at risk of bankruptcy. From a legal point of view, fast processing of outstanding claims is therefore essential for success. Under German law, the limitation period for enforcing claims is a crucial factor, as claims can become unenforceable if not pursued within the statutory timeframe. If necessary, we communicate with the insolvency administration and handle the claim as an insolvency claim and take part in creditor meetings for our clients or we can reach a settlement.
Default payments – our approach
We see ourselves as your legal service provider. By this we mean timely, comprehensive and transparent work.
Defaulting debtors, who initially do not react at all to payment reminders or warnings, "suddenly" claim in litigation proceedings that the delivered product was defective or incomplete. What appears to be a simple legal dispute over payment can then degenerate into the examination of highly complex questions about defects and responsibilities.
Therefore, sustainable examination of all existing documentation is important, especially at the beginning of the, in order to be able to correctly assess the opponent and the reasons for the non-payment.
Foreign judgments can be enforced in Germany. To do this, the foreign judgment must be “recognized” in a court proceeding. It is then enforceable like a German judgment by German enforcement bodies.
Default payment - What are the costs of our work?
As a rule, we calculate our costs according to the German Lawyers' Fees Act. At first glance, these fees appear to be complicated. However, we are happy to explain the fee structure in advance, especially to foreign clients, which is ultimately fair and transparent.
If necessary, costs according to the German Lawyers' fee Act can be enforced against the opponent in the event of victory, as can the actual claim in question.
Alternatively, we calculate our costs hourly.
Debt collection – Which documents are required?
Ideally, the client can provide us with the following documentation:
- Offer, order, confirmation, invoice, delivery documents
- Payment reminders, warnings
- Extrajudicial correspondence (possible notices of defects by the buyer, offsetting and the like)
- Letter from an insolvency administrator or the insolvency court
Legislation and Regulation
Debt collection in Germany operates within a robust legal framework designed to protect both creditors and debtors. The German Civil Code (BGB) sets out the fundamental rights and obligations involved in debt collection, ensuring that creditors have a clear legal basis to pursue outstanding debts while safeguarding debtor protections. The German Code of Civil Procedure (ZPO) details the procedural steps for court proceedings, including how creditors can obtain and enforce judgments through the competent court. When insolvency proceedings are initiated, the Insolvency Code (InsO) governs the process, affecting how and when debts can be collected. For cross-border cases within the European Union, regulations such as the Brussels I Regulation Recast facilitate the recognition and enforcement of foreign judgments in Germany. Debt collection agencies and collection agencies must adhere strictly to these laws, ensuring that all collection proceedings are conducted fairly and transparently. Compliance with these regulations is essential for effective and lawful debt collection, whether the claim arises from civil and commercial matters or more complex insolvency law scenarios.
Role of Collection Agencies
Collection agencies, or debt collection agencies, are central to the debt collection process in Germany. Acting on behalf of creditors, these agencies employ a range of strategies—from telephone calls and written reminders to formal legal action—to recover outstanding debts. Their expertise extends to representing clients in court proceedings and enforcement proceedings, ensuring that creditors can recover debts efficiently and in accordance with the law. Collection agencies are subject to oversight by the Federal Ministry of Justice and Consumer Protection, which enforces standards of fairness and transparency in their operations. Many agencies, including specialized law firms, offer tailored debt recovery services, sometimes on a no-win, no-fee basis, particularly in international debt collection cases. By leveraging their knowledge of German law and the judicial procedure, collection agencies help businesses and individuals recover debts while maintaining compliance with all regulatory requirements.
Insolvency Proceedings
Insolvency proceedings in Germany present unique challenges for debt collection. When a debtor is unable to meet their financial obligations, they may enter insolvency proceedings, which can temporarily halt ongoing collection proceedings. Under the Insolvency Code, a court-appointed administrator manages the debtor’s assets and coordinates the distribution of available funds among creditors. Creditors must formally register their claims and may need to participate in creditor meetings to maximize their chances of recovery. Navigating insolvency proceedings often requires the assistance of debt collection agencies or debt collection lawyers, who can provide guidance on the best strategies for recovering debts in such cases. Seeking legal advice is especially important, as the process can be complex and the outcome uncertain. By understanding the intricacies of insolvency law, creditors can better protect their interests and improve their prospects for debt recovery.
Fair Debt Collection Practices
Fair debt collection practices are a cornerstone of the German legal system, ensuring that debtors are treated with respect and transparency throughout the debt collection process. The German Civil Code, along with EU regulations like the Unfair Commercial Practices Directive, prohibits aggressive or misleading tactics by debt collection agencies and collection agencies. Creditors and their representatives are required to provide clear, accurate information about the debt, including the amount owed, the identity of the creditor, and the terms of payment. These regulations promote honest communication and protect debtors from unfair practices. If a debtor believes they have been subjected to improper conduct, they have the right to seek legal advice and may file complaints with the relevant authorities. Adhering to fair debt collection practices not only ensures compliance with the law but also fosters trust and cooperation between creditors and debtors.