debt collection  -  commercial law  -  contract law

Fees and conditions in debt collection Germany and court proceedings

Out of court proceedings are free of charge for our clients ("no cure, no pay" / "no win, no fee").

 

  • no long-termed contractual binding
  • no minimum turnover
  • no start-up fee, no upfront fees
  • no hidden fees


1. Out of court: no upfront fees ("no cure, no pay") in prelegal proceedings

We offer not to charge any commission or contingency fee at all in out-of-court proceedings if

  • the claim is not older than 3 years (2 years in transport industry)
  • we dispose of a valid postal address and all contact details of the debtor
  • we dispose of all documents like invoices, contract, delivery notes (POD’s), CMR in transport business, correspondence
  • we dispose of a signed Letter of Authorisation (PoA), check information below

We offer to charge only court fees in court proceedings if

  • all the above conditions are met

  • the principal claim and amount owed are below 15,000 EUR and more than 500 EUR
  • no objections of the debtor are known
  • the debtor does not object by filing an objection to the court
  • the debtor is still solvent on the basis of our prior examination

It is therefore possible to achieve an enforceable enforcement order, writ of execution resp. judgment with an investment of 50-300 EUR depending on the amount of the claim. Please note that in Germany a legal table with the court and lawyer's fees applies. Check the legal table here>>

Please understand that we must reserve the right to check all these details before confirming these conditions. These conditions do not apply in the event of insolvency proceedings. The fees for enforcement proceedings are difficult to predict, but are regularly in the range of 50-150 EUR.


Our service always includes the check of:

  • court's register of debtors 
  • check if service of (court) documents is possible
  • pending bankruptcy proceedings
  • peculiarities in the Internet and Social Networks-low level
  • active business of the debtor (f.i. phone calls, fax), etc.

For this basic package we regularly charge 90,00 EUR each if there is no relation to a running file. 
A comprehensive check of the financial situation – advanced package – includes the basic package plus credit reports of the most famous credit rating agencies in Germany, costs are 220,00 EUR for each debtor. 
For a credit report we charge 150,00 EUR each.

We need: all contact details of the debtor (full name, legal form, CEO/MD, postal address, phone No., mobile No., Fax, email), the invoices, first reminder, main correspondence (emails etc), contract if available. Please send by email.
 
Our Service: On receipt of your documents (esp. invoices, proof of delivery, contact details, relevant correspondence) we send a request for payment (dunning-letter) to your debtor immediately by setting a deadline for payment.

The content is the main claim, interest and costs.
In the meantime we try to ascertain the financial standing and credit-worthiness and
wewill check the postal address and information we find in pour databases and Internet.

We will contact the debtor by telephone and force him to payment.

In case of a bad financial standing we negotiate and monitor an instalment plan.

In case of bankruptcy proceedings we will file the claim to the bankruptcy court (list of creditors' claims) and observe further proceedings. If it is possible to claim for the retention of title we will inform you and manage the take over of your goods.
 
Please note that a debt collection agency can assist you merely in out of court proceedings. If court proceedings become necessary each debt collection agency will transfer the case to a Lawyer or Law Firm. It often means to spend supplementary costs and time for the services of a debt collection agency which are legally not to cover by the debtor.


2. Court proceedings:

If the debtor does not react or refuses to pay court proceedings are to recommend by lack of further legal options to force him to payment out of court. 
Before starting any court proceedings we request for your consent and try to get information about the solvency of the debtor.
 
Please consider: If the debtor has acknowledged to pay the debt you can achieve a judgment very fast and by investing less or no fees at all!.

Please note the debtor is obliged by law to refund all court and lawyers fees, if he is defeated in the lawsuit. Hence, all fees and costs are basically recoverable from the debtor.

Our special offers in court proceedings: In court proceedings we can offer favorable, competitive terms and reasonable fees.

Basically in Germany Court and Lawyer fees relate to a legal table binding by law. The amount depends on the amount in controversy (amount of claim).

We kindly ask for your understanding, that besides our offers in general court fees cannot be covered by our office, meaning that the client has to provide us with the court fees in advance.

But to invest court fees in the range from 150 EUR-552 EUR (at a claim of 7.000,00 EUR) could be suffcient to obtain an enforceable judgement! See below the Legal Table from Court Summons to Enforcement
 


Our offer: Court Proceedings in Germany

Below you will find a spreadsheet of costs and fees of court proceedings in Germany and our corresponding offer. In special cases we can offer different prices.

All prices are not guaranteed and need our confirmation after receipt of a specified inquiry/the order.

Definitions:
„legal fees“ means lawyer and court fees plus expenses in accordance with the legal table in Germany. The typical situation is to file a Statement of Claim (pleading) to the court with explanation of the background, the legal basis of the claim and offer of proof. A court hearing is regularly indispensable. The further typical situation is that the debtor objects to a writ of execution (court order to pay a debt) in electronical proceedings.
„worst case“ means the worst case risk if the law suit is dismissed.
„Writ“ means to start a law suit in electronical court proceedings. The investment of the mentioned amount could be sufficient to achieve an enforceable writ of execution/judgment. In case of legal objections/appeal of the debtor the difference to our offer is to pay in addition (never mind if the objections are justified or not).

Our offer: Court Proceedings in Germany

Court   proceedings





Defended   action
amount of the debt

     legal fees:

      our offer:

worst   case:

            Writ *:

up to   500.00

390.00

390.00

522.00

150.00

up to   1,000.00

550.00

410.00

630.00

159.00

up to   1,500.00

675.00

510.00

820.00

213.00

up to   2,000.00

820.00

610.00

1,000.00

267.00

up to   3,000.00

1,000.00

710.00

1,230.00

324.00

up to   4,000.00

1,190.00

860.00

1,510.00

381.00

up to   5,000.00

1,380.00

980.00

1,760.00

438.00

up to   6,000.00

1,560.00

1,100.00

2,000.00

495.00

up to   7,000.00

1,740.00

1,230.00

2,260.00

552.00

up to   8,000.00

1,930.00

1,350.00

2,510.00

609.00

up to   9,000.00

2,110.00

1,480.00

2,770.00

666.00

up to   10,000.00

2,290.00

1,600.00

3,010.00

723.00

up to   13,000.00

2,485.00

1,740.00

3,270.00

801.00

up to   16,000.00

2,680.00

1,880.00

3,530.00

879.00

not included:

  • fees and costs of enforcement/execution: regularly 60-120 EUR
  • translations of documents if needed by the court
  • costs of expert reports ordered by the court
  • deposit for fees and costs of proceedings if claimed for by the defendant (non-EU clients)

Conditions for our offer:

  • the debt is not contested (no legal relevant objections out of court like defect of goods, bad quality, breach of contract, partial delivery, malperformance, late delivery, counterclaims etc)
  • we dispose of a valid postal address and all contact details of the debtor (phone, fax, mobile, email, website) are available and it is possible to contact the debtor in fact
  • we dispose of all documents like invoices, contract, delivery notes (POD, Proof of delivery), contract, correspondence
  • signed Letter of Authorisation (PoA / LoA)
  • the debtor still is not insolvent due to prior investigations.


Legal Table for Fees in Germany (basic fees, no expenses and supplementary costs)

 

sum in dispute
EUR
amount of
the main claim

Court Fees

Lawyer Fees

In total

up to 500,00

105.00

112,50

217,50

up to 1000.00

159.00

200,00

359.00

up to 1500.00

213.00

287,50

500.50

up to 2,000.00

267.00

375,00

642.00

up to 3,000.00

324.00

502,50

826.50

up to 4,000.00

381.00

630,00

1,011.00

up to 5,000.00

438.00

757,50

1,195.50

up to 6,000.00

495.00

885,00

1,380.00

up to 7,000.00

552.00

1,012,50

1,564.50

up to 8,000.00

609.00

1,140,00

1,749.00

up to 9,000.00

                666.00

               1,267,50

1,933.50

up to 10,000.00

723.00

1,395,00

2,118.00

up to 13,000.00

801.00

1,510,00

2,311.00

up to 16,000.00

879.00

1,625,00

2,504.00

up to 19,000.00

957.00

1,740,00

2,697.00

up to 22,000.00

1,035.00

1,855,00

2,890.00

up to 25,000.00

1,113.00

1,970,00

3,083.00

up to 30,000.00

1,218.00

2,157,50

3,375.50

up to 35,000.00

1,323.00

2,345,00

3,668.00

up to 40,000.00

1,428.00

2,532,50

3,960.50

up to 45,000.00

1,533.00

2,720,00

4,253.00

up to 50,000.00

1,638.00

2,907,50

4,545.00

up to 65,000.00

1,998.00

3,120,00

5,118.00

up to 80,000.00

2,358.00

3,332,50

5,690.50

up to 95,000.00

2,718.00

3,545,00

6,263.00

up to 110,000.00

3,078.00

3,757,50

6,835.50

up to 125,000.00

3,438.00

3,970,00

7,408.00

up to 140,000.00

3,798.00

4,182,50

7,980.50

up to 155,000.00

4,158.00

4,395,00

8,553.00

up to 170,000.00

4,518.00

4,607,50

9,125.50

up to 185,000.00

4,878.00

4,820,00

9,698.00

up to 200,000.00

5,238.00

5,032,50

10,270.50

more than 200,00.00

 

 

Please contact us!


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