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How to Instruct Us
We simply require the following details:
Full name & address of the debtor
All available contact details of the debtor i.e. contact name(s) / Tel / Mobile / Email(s)
Amount owed (Invoice(s) or Statement will help)
Or ask us to call you – just leave us your details:
Germany Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. All our International debt collection agency partners and offices operate on a No Win No Fee basis charging an agreed commission against monies recovered only.
Main reasons why a local country debt recovery agency is so important rather than trying to recover from a debt collection agency UK are as follows:
The local International Debt collection Partners know:
The local cultures
Are in the same time zones
Herewith details of our debt collection service Germany:
Pre-trial debt collection is definitely our forte. The bulk of our cases are settled without a lawyer is perhaps due to our expertise,there’s no such thing as the “standard German Debt Collection”.
Each case is treated individually and according to its merits. Primarily, that means accessing more information about your customer’s financial circumstances... information we happen to have at our fingertips in our business database which, with 4.9 million company entries, is the world’s largest for German Companies.
In this database, we’ll quickly find the necessary information on your debtor’s ability to meet his financial obligations, and avoid you throwing good money after bad. Our research also considers all entries in district courts’ debtor registers, published insolvencies and ongoing Germany debt recollection processes.
With all this information and our expertly trained staff, we achieve an extremely high success rate without the need for legal proceedings.
Before judicial Germany debt collection is instigated, we’ll naturally review the debtor’s economic circumstances beforehand to assess the benefits of such an action for our client.
If legal actions have a realistic chance of success, and the German debts are undisputed, we’ll initiate judicial enforcement and compulsory execution upon the debtor’s assets, and advise you throughout all proceedings in a German debt collection process. Many debtors capitulate and pay up when they find the compulsory execution order in the mail.
If this step is unsuccessful, judicial German debt collection proceeds to execution (i.e. seizure) by a bailiff. If this is also unsuccessful, an affidavit will be procured.
We’ll naturally send you regular updates on all the initiated measures and results of the judicial German debt recovery process. In keeping with your instructions, we can also continue monitoring your judicially recognized claim with Creditreform’s Monitoring services. In that case, our Judgment Monitoring service will keep an eye on your debtor for up to 30 years.
Number of debt recovery offices in Germany?
Creditreform has 129 local offices in Germany.
Number of debt collection staff?
Creditreform has over 3,500 employees in Germany.
How long have you been operating a debt recovery service in Germany?
We have been operating a European debt collection service on a no win no fee basis in Germany since 1879. Germany is included on our debt collection agency list.
What type of debt collection services do you provide? Do you do commercial debt recovery (B2B) and consumer debt recovery (B2C)?
We handle both Business to Business debt recovery cases and Business to Consumer debt collections cases. There is different content for business to business debt collection letter templates and business to consumer debt collection letters templates.
Statue of Limitation in Germany?
3 years (regular period)
Following please find the relevant sections of German Civil Code
Section 195 - Standard limitation period
The standard limitation period is three years.
Section 199 - Commencement of the standard limitation period and maximum limitation periods(1) Unless another commencement of limitation of is determined, the standard limitation period commences at the end of the year in which:
1. the claim arose and
2. the obligee obtains knowledge of the circumstances giving rise to the claim and of the identity of the obligor, or would have obtained such knowledge if he had not shown gross negligence.
Germany civil litigation statute of limitations is a law that time limits a plaintiff’s right to bring a claim against a defendant. The statute of limitations in Germany is 3 years. However, if an action has been taken within this time then the statute of limitations time will be extended to account for this. Once the specified time period elapses then no action can be taken through the legal processes unless the plaintiff is able to prove exceptional circumstances. Other Statute of Limitations include:
Germany Open Account Years – 3 years
Germany Promissory Notes – 3 years
Germany Written Contracts – 3 years
Germany Oral Agreements – 3 years
How EU (European Union) laws effect debt collection in Germany?
Germany has been a European Union (EU) member country since 1958, Euro area member since 1999 and Schengen area member since 1995.
How many companies registries in Germany for businesses (i.e. UK has just 1 central registry)?
Approximately 120, decentralised structure, business registries are kept by the local courts.
There is 1 central company registry in Germany which is called German Commercial Register located at Amtsgericht Hagen, Servicestelle Registerportal, Heinitzstr. 42, 58097 Hagen (Germany).
We have access to Germany Company Registry searches to find out who further background information on all Germany companies.
Average length of time to collect a debt?
The average time taken to recover a Germany B2B debt collection case varies from case to case. For prejudicial cases the average is 60 to 90 days.
Can late payment fees / interest to be added to claims?
Yes, according to the following sections of German Civil Code: 280, 286, 288
There are many unique requirements to recovering international debts in all countries including Germany debt collection services which differ from the UK and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from the Debt collectors UK. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK debt collector only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.
Germany Business Credit Reports
Creditreform provides over 200 million international business credit reports worldwide with circa 5 million German credit reports in our database. You can have free access to our online databases and obtain a German business credit report instantly. This can be done prior to trading to make sure the company you will be dealing with can meet the commitment or once the debt becomes overdue to ensure the debtor can meet the amount owed.
Creditreform’s debt collection company service also uses expert local Germany Skip tracing agent services to locate any absconded debtor. This debtor tracing service is provided on a No Find No Fee basis only charging for a successful trace.
Specialist Debt Recovery Experts
There are many unique requirements to recovering international debts in all countries including Germany debt collection services which differ from the UK and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from debt collectors UK. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK debt collector only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.
European Payment Order in Germany
Germany has a Payment Order Process. The rules provide for an order for payment procedure (Mahnverfahren) to obtain payment for money claims that are mainly non contested. This is governed by Sections 688 et seq. of the Code of Civil Procedure (Zivilprozessordnung).
There are no upper limits for claims under this procedure and it is optional.
The German order for payment procedure may also be used if the defendant is resident in another Member State or in a third country. However, it should be noted that Section 688(3) of the German Code of Civil Procedure provides that in cases where the order for payment would have to be served abroad the order for payment procedure can be used only if this is provided for in the Act on the Recognition and Enforcement of Judgments (Anerkennungs- und Vollstreckungsausführungsgesetz).
Sole jurisdiction for the order for payment procedure lies with the local court (Amtsgericht) with ordinary jurisdiction for the plaintiff. However, many German federal states have established central courts for payment order cases (Mahngerichte). In general the local courts only have jurisdiction up to €5 000.
What language should the application be made in Germany?
All claims must be in writing in German language. They can be submitted also by fax or electronic documentation.
What Courts are used in Germany?
There are three main courts systems:
1. Local courts (Amtsgerichte) which are courts of first instance dealing with civil cases where the value of the claim is usually up to €5 000. These are heard by a single judge.
2. Regional courts (Landgerichte) which are courts of first instance dealing with all civil cases which do not fall within the jurisdiction of local courts. These are usually disputes where the value of the claim is more than €5 000.
Generally, cases before regional courts are also heard by a single judge. However, for more complex cases and cases of fundamental importance they will be decided by a chamber made up of three professional judges.
Regional courts of second instance deal with appeals against rulings on civil matters by local courts. Appeals are heard by a chamber usually made up of three judges.
3. Higher regional courts (Oberlandesgerichte) are usually courts of second instance. In civil cases, they rule on appeals against judgments by regional courts and by local courts in family matters.
The divisions (Senate) of higher regional courts are usually made up of three professional judges. However, civil cases that present no particular difficulties and are not of fundamental importance can also be transferred to a single judge.
The highest ordinary court is the Federal Court of Justice (Bundesgerichtshof), which is the court of last resort and deals with appeals on points of law only. The divisions of the Federal Court of Justice are made up of five professional judges.
Mediation (Alternative Dispute Resolution - ADR) in Germany
There are many organisation that provide mediation services in Germany including the following larger ones:
Federal Association for Family Mediation (Bundes-Arbeitsgemeinschaft für Familien-Mediation e.V. (BAFM): Spichernstrasse 11, 10777 Berlin, Germany)
Federal Association for Mediation (Bundesverband Mediation e.V. (BM): Wittestrasse 30K, 13509 Berlin, Germany)
Federal Association for Economic and Professional Mediation (Bundesverband Mediation in Wirtschaft und Arbeitswelt e.V. (BMWA): Prinzregentenstrasse 1, 86150 Augsburg, Germany)
Centre for Mediation (Centrale für Mediation GmbH & Co.KG (CfM): Gustav-Heinemann-Ufer 58, 50968 Cologne, Germany)
German Lawyers’ Association (Arbeitsgemeinschaft Mediation im Deutschen Anwaltverein, Littenstrasse 11, 10179 Berlin, Germany)
Mediation in International Child Conflicts (Mediation bei internationalen Kindschaftskonflikten e.V. (MiKK): Fasanenstrasse 12, 10623 Berlin, Germany)
The Mediation Act (Mediationsgesetz) entered into force in Germany on 26 July 2012. This was the first piece of legislation to formally regulate mediation services in Germany. The Act promotes mutual dispute settlement by including a number of different incentives in the official procedural codes (e.g. the Code of Civil Procedure, Zivilprozessordnung).
Mediation is not free of charge; payment is subject to agreement between the mediator and the parties concerned. It is understood that hourly fees may range approximately from EUR 80 to EUR 250.
In principle, a mediation agreement can be declared enforceable with the assistance of a lawyer or a notary.
Can Statutory Interest Rate be added in Germany?
The statutory interest rate is stipulated in Section 246 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). If interest is payable on a debt by law or in a legal transaction, the interest rate is four percent per year unless otherwise stated.
Germany Debt Collection Offices in the following German Cities
What is the legal system in Germany?
The Germany legal system is based on Germanic civil law. The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions.
What is the name of the Government Gazette in Germany?
The Gazettes in Germany are called the Bundesgesetzblatt (Federal Law Gazette) and Bundesanzeiger (Federal Gazette)
Which countries border Germany?
Who are the main trading partners for Germany?
What is the Supreme Court in Germany?
The Supreme Courts for Germany are called
Constitutional Court - Bundesverfassungsgericht (BVerfG)
Federal Court of Justice - Bundesgerichtshof, BGH
Federal Administrative Court - Bundesverwaltungsgericht
Federal Finance Court - Bundesfinanzhof
Federal Labour Court - Bundesarbeitsgericht
Federal Social Court - Bundessozialgericht
Germany Debt Collection Agency FAQs
1. How does a Debt collection agency in Germany recover overdue debts?
The debt collection process is initiated by an introductory letter to your debtor stating the amount owed to you and informing them of our involvement. Letters are then followed up with emails and telephone calls. From our experience the most effective part of this process will be the outsourcing to a third party debt collection agency in Germany as the debtor now has to resolve the debt and can no longer hide or provide lame excuses.
2. How long does the debt recovery agency in Germany take to process a case?
The debt collection case will be processed immediately up receipt and a letter sent normally by email and post. You will receive an automated confirmation by return.
3. What is the success rate for debt collection agencies in Germany?
The success rate of the debt recovery case depends on a number of factors including the solvency of the debtor and whether the case has a legitimate dispute. Our aim is to recover every debt that is recoverable.
4. Does the debt recovery agency in Germany operate a No Win No Fee debt collection?
We take on all debt collection cases on No Win No Fee basis only charging the agreed commission against monies recovered.
5. Why use a local debt recovery agency in Germany?
The reasons for using a local Germany debt collection agency than processing from a different country is the debt collector in Germany speaks the local language, knows the local laws and operates in the same time zones.
6. Are there any debts too old or too small for Germany debt collection?
We will assess all debt cases, irrelevant of age and size and then advise the best processes to recover these through the Germany debt collector.
7. How do I instruct the debt collectors in Germany?
Instructing the debt collectors Germany is a simple process. You just email details of the debt, debtor and amount to be recovered and the case can be initiated.
8. What evidence do I need to provide when instructing the Germany debt collector?
When instructing the debt collector in Germany just provide copies of invoices/statements, debtor contact details and any relevant information you may have to assist with the recovery process.
9. Who does the debtor pay?
In general the debt collector in Germany will request payments to be sent directly to the client but if not possible for any reasons will take payment directly. If payment is taken then cleared funds will be processed and sent to client straight away.
10. Can I instruct multiple cases?
You can send unlimited debt case instructions. Our systems will automate volume cases to meet your requirements.
11. Can you trace debtors in Germany?
Through our network of skip tracing agents we have an extremely high success rate of locating your absconded debtor.
12. How long does the debt collection process take?
On average the debt collections process takes 90 days to resolve an amicable debt recovery case. There are a number of factors that can delay this process but we will keep you informed every step of the way.
13. What are my options if debt collection in Germany is not successful?
If the debt recovery service is not successful we will advise you of your options including legal actions. Please note no legal actions or other processes will be taken without prior instruction from you.