Debt collection in Germany
Services Offered:
• Commercial Debt Collection: Specializing in the recovery of unpaid invoices, we work closely with companies to ensure the effective recovery of commercial debts while preserving customer relationships.
• Private Debt Collection: Whether it's personal loans, housing payments, or other private transactions, our team of legal and financial experts is ready to assist you in recovering your debts.
• Legal Advice: We offer legal advice specializing in German and Italian debt collection laws, providing support for international legal action.
From examination to forced debt collection
We will support you throughout the process of recovering your debts, from initial contact with the customer to enforced recovery of outstanding debts. This includes examining documentation to obtain an enforceable title and attempting to resolve disputes amicably.
1. Documentation verification
The first step is to examine the documentation supporting your intended debt claim, paying particular attention to the requirements necessary to put the debtor in default.
2. Debtor Verification
Before issuing a formal notice to comply, which is useful for declaring the debtor in default in preparation for subsequent legal action, we verify their current situation, searching for their address and, where necessary, examining the company's financial standing and assets.
3. Payment warning
Once we have examined the documentation and determined its suitability for proceeding, as well as the debtor's factual situation, we will send a precise formal notice to comply. This is legally necessary if the debtor in Germany does not respond.
4. Injunction
If the formal notice to comply has not been answered or has not resulted in a settlement, legal proceedings will commence and a request will be made for an injunction to be issued. If no opposition is lodged, this will constitute an enforceable title on which to base enforcement proceedings.
5. Court case
If the injunction is contested, the judicial phase will begin. This will conclude with a court ruling that can then be used to enforce the injunction.
6. Enforcement
Once the enforcement order has been obtained, enforcement proceedings will begin, targeting the debtor's assets in Germany and any other European Union country in which they can be found.
Twenty years of experience
• Transnational Experience: In-depth knowledge of debt collection regulations and practices in both Germany and Italy.
• Personalized Approach: Each case is unique and deserves a tailor-made strategy designed to maximize the chances of recovery.
• Efficiency and Discretion:
We act quickly and with the utmost discretion to ensure optimal results without compromising your reputation.
Professionals
GIanluca Perencin
Italian lawyer specialising in debt collection and German commercial law based in Germany: Gianluca Perencin provides Italian companies and individuals with effective and targeted legal assistance.
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Alessandra Pesca
A legal advisor and certified debt collection mediator in Germany, Alessandra Pesca assists Italian clients with a practical and personalized approach, focused primarily on amicable settlement.
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Andrea Parolini
As CreditiEuropa.eu's representative in Italy, he coordinates national legal activities, ensuring continuity for clients of the debt recovery actions initiated in Germany.
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How to contact us
By email, phone, video call, or in person: there are many ways to contact us.
info@creditieuropa.eu
Telephone
+49 89 5199680 (Germania)
+39 045 480340 (Italia)
Office
La sede centrale: Monaco di Baviera, in Türkenstr. 11
La sede secondaria: Verona, in via Corso Porta Nuova 36
Faqs
- All the answers to your questions -
How does judicial debt collection work in Germany ?
The legal recovery process in Germany begins with the sending of a formal letter of demand, followed by the initiation of legal proceedings in a German court. As an Italian-German law firm, we can handle the entire process on your company's behalf, ensuring communication in your language and full compliance with German regulations.
What documents are required to initiate debt collection proceedings in Germany.
In order to proceed with this matter, it will be necessary for you to provide documentation such as a signed contract or order, unpaid invoices, any previous reminders, and any other evidence that may be useful in proving the debt. We will assist you in collecting and translating the necessary documents.
Is it possible to take action against a German debtor even if my company is not based in Germany?
Yes, this is absolutely possible. German law allows foreign creditors to assert their rights in Germany. Our firm is able to provide comprehensive representation before German courts, ensuring a robust and professional representation for our clients.
What is the typical duration for the collection of judicial debt in Germany?
The time frame for completion of the process is dependent on the complexity of the case and the court with jurisdiction. On average, a civil lawsuit for debt collection can take between a few months and over a year. In certain cases, it may be possible to initiate proceedings using a Mahnverfahren (payment order), which can be a more efficient option.
What is the difference between the court collection procedures and ordinary proceedings?
The court collection procedure is a streamlined and expedited process for acquiring an enforceable title against the debtor. If the debtor does not object, the judge will issue an enforcement order. Conversely, if there is opposition, the case will proceed to ordinary proceedings.
Can I also recover the legal fees incurred?
In the event that the court rules in favor of the creditor, legal costs (including attorney's fees) are typically allocated to the debtor. This applies to both the court collection procedure and ordinary procedure.
Is it necessary for me to travel to Germany in person to participate in the trial?
In most cases, the answer is no. We offer representation in court proceedings without the need for your physical presence. Our structure facilitates seamless legal proceedings for Italian companies in Germany, ensuring logistical ease and operational efficiency.
Please clarify what the process is if the debtor does not pay even after the judgment has been issued.
In such cases, the enforcement phase may be initiated, which could entail measures such as seizures, bank account freezes, or other enforcement actions within Germany. We also handle the enforcement of the judgment until the debt is actually recovered.
What are the costs associated with initiating debt collection proceedings in Germany?
The cost of legal representation is dependent on the amount of debt involved and the complexity of the case. We provide a transparent quote before proceeding and, where possible, we evaluate low-cost solutions, such as the Mahnverfahren.
Perché scegliere un avvocato italiano in Germania per il recupero crediti?
Perché offriamo una comunicazione chiara, senza barriere linguistiche, e conosciamo a fondo sia il diritto italiano che quello tedesco. Questo riduce errori, tempi e costi, garantendo un’assistenza legale su misura per le esigenze delle aziende italiane.
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