debt collection in Germany
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How to avoid unnecessary debt collection cases as an entrepreneur
As a business owner, you want to avoid outstanding receivables. Not only do they mean you won't be paid for services rendered, but they also cost valuable time and money to collect. These resources could be better invested in growing your business instead of dealing with outstanding payments. Effective receivables management helps minimize such risks.
Support in debt collectionung:
Out-of-court reminders
An out-of-court reminder demands payment collection without initiating legal proceedings.
Litigation
Legal proceedings cannot always be avoided. In such cases, it is advisable to have a lawyer at your side.
Claims in Germany: An Overview
Outstanding claims can become complex, especially if the debtor is located abroad. In such cases, you are dealing with a different legal system that may differ significantly from the regulations in the Netherlands. A key example: In Germany, the statutory limitation period is only three years, which is significantly shorter than in other countries.
Differences in debt collection between Germany and the Netherlands
There are several legal differences in debt collection between Germany and the Netherlands:
Limitation period
In Germany, a reminder does not restart the statute of limitations. This means that the limitation period is not interrupted by sending a reminder. In other countries, such as the Netherlands, however, a reminder can restart and extend the limitation period.
Conservative arrest
In Germany, the so-called "conservatory arrest" is not provided for. This means that enforcement is generally only possible if a legally binding title exists, i.e., a valid legal basis exists. In contrast, in the Netherlands, the creditor's rights are given greater weight, which allows for faster enforcement of claims.
Protection of the debtor
In Germany, debtors generally enjoy stronger legal protection than in the Netherlands. This impacts the enforcement of claims, as creditors are subject to stricter requirements.
International debt collection services: Our expertise
If you have claims against German debtors, it is advisable to refer them to a specialized lawyer as soon as possible. Our firm has many years of experience in international debt collection and is well-versed in the specific legal requirements of Germany and the industry-specific needs of our clients.
Should the debtor fail to pay even during the out-of-court phase, we are able to initiate legal action immediately. Of course, this always happens in close consultation with you.
Why a German lawyer is crucial
Our experience shows that many German debtors only react when a lawyer is involved, as they generally want to avoid legal proceedings. A key component of the debt collection process is the enforcement of acquired titles. Should it be necessary to enforce Dutch titles (such as judgments, resolutions, or notarial deeds) in Germany, we can also provide you with expert assistance in this case.
We will take care of your case – quickly & with commitment.
Our specialists for the collection of your debts
Our German lawyers offer comprehensive expertise in debt collection. They support you with all legal aspects – whether through consultation, drafting dunning letters, or conducting legal proceedings. With their in-depth knowledge of German law, they ensure a targeted and efficient approach to collecting your debts quickly and successfully. Trust in our experience to successfully enforce your claims.
Professional advice & support
We offer you professional and comprehensive initial advice in the area of Dutch Desk. Take your chance and avoid mistakes.
