Dunning procedure
Dunning procedure by Fortis Inkasso.
The judicial dunning procedure is a fast and inexpensive route to an enforcement title – for entrepreneurs and private individuals with undisputed monetary claims.
We are at your side.
If, as an entrepreneur or private individual, you have a monetary claim, the judicial dunning procedure can be a fast and inexpensive way to obtain an enforcement title. It is worth considering insofar as the monetary claim has not been disputed. With the enforcement order, enforcement can take place directly – or within the next 30 years. This long period considerably increases the chance of a successful attachment.
We keep an eye on your debtors and check whether a currently insolvent debtor has liquid funds at a later point in time – for example through an inheritance, a marriage or a new job.
- 1.
We apply for an order for payment at the competent dunning court – most federal states have central dunning courts, and electronic dunning procedures are also possible.
- 2.
The respondent, your debtor, is served with the order for payment. They can lodge an objection.
- 3.
If no objection is lodged, we apply for the enforcement order.
- 4.
Once the enforcement order becomes final, you hold a title in your hands – enforceable immediately and within the next 30 years.
Start of compulsory enforcement.
Often the debtor settles the outstanding claim after being served with the order for payment in order to avoid costly court proceedings – the dunning procedure is then concluded. Lawyer's and court costs are incurred for the order for payment and the enforcement order; you only have to pay the small court costs in advance.
If your debtor lodges an objection.
If your debtor lodges an objection against the order for payment or an appeal against the enforcement order, the claim must be asserted in court proceedings. Our affiliated lawyers advise you and take over the continuation of the debt collection. If your claim is justified, the debtor also bears these costs.
Frequently asked questions.
First, we recommend an out-of-court approach, tailored to your situation as a private individual or a company. After you place the order, we send the first collection reminder containing all the essential details of the claim. If the debtor does not respond, a further, more firmly worded reminder follows. Engaging a professional debt collection company signals to the debtor the seriousness of the situation – and in many cases this alone leads to a swift solution that is satisfactory for all sides.
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