As a general rule, out-of-court proceedings are more lenient toward debtors. This is because it is often the case that the bill has been lost in the shuffle of everyday life and the debtor is very keen to settle the debt.
to act as quickly as possible after receiving a request from us, so that you receive your payment promptly.

The pressure is often greater when a third party has been commissioned to assert the claim. This pressure is sufficient to bring about a satisfactory outcome for all parties involved.
If the debtor proves unwilling to pay or if such unwillingness is to be feared, legal dunning proceedings are an option.

Here Learn more about the dunning process.

In most cases, engaging a debt collection agency does not cause any harm; on the contrary, it ensures that your contractual relationship does not suffer as a result of the debtor's default. How did we come to this conclusion? Involving an outside party who can objectively assess the claim is always a means of achieving a fair outcome out of court. The creditor can transfer the unpleasant and time-consuming task of collecting the debt from the debtor to the debt collection agency. This not only saves time and stress, but also allows the creditor to preserve the relationship with the debtor for the ongoing contractual relationship, without feeling the urge to terminate the contractual relationship permanently out of frustration.

You can hire us as a private individual or as a company for a single claim or for recurring claims and a large number of claims.

In principle, all undisputed and existing claims can be asserted. The debtor must also be given notice of default. This can be done either by means of a reminder, i.e., a clear and specific request in which the creditor unambiguously states that they are demanding the performance owed. A reminder may also be dispensable in the cases specified in the German Civil Code (BGB), for example if a calendar date was specified for the performance. We can also assert claims for very small amounts. We explain in more detail in our blog why it is necessary and sensible to assert even very small amounts.

If the debtor disputes a claim in the collection procedure, the procedure continues as follows:

1. Review of the claim: Fortis Inkasso will carefully review the creditor's claim once again to ensure that it is lawful and justified. If the claim is not justified, the debt collection agency will discontinue the proceedings.
   
   
2. Defense against claims: If the debtor disputes the claim, they must justify their objections in writing. The debtor must explain specifically why they do not recognize the claim and, for example, give reasons why the service was not provided or the claim was not calculated correctly.
   
   
3. Review of objections: Fortis Inkasso will review the debtor's objections and, if necessary, request further information or evidence from the creditor. If the debtor's objections are justified, Fortis Inkasso will discontinue the proceedings.
   
   
4. Legal proceedings: If Fortis Inkasso considers the claim to be justified and the debtor still fails to pay, Fortis Inkasso will initiate legal proceedings on behalf of the creditor. The claim will then be enforced through the courts. If the creditor wins the case, the debtor will also have to bear the costs of the legal proceedings.