We can also assert your claims abroad in a legally compliant manner. Please contact us immediately for more information.
International debt collection not only involves higher risks, but also requires much more extensive legal work and research on the debtor.
In each individual case, it must be determined whether domestic debt collection law applies or whether foreign debt collection law applies.
We can also help you in cases where it is more difficult to assert your claim because the debtor is domiciled or has its registered office abroad.
First, we recommend an out-of-court procedure here as well. In this case, we will contact your debtor directly, if possible.
in the language of the country in which he has his place of residence or registered office, or in English.
However, since debtors abroad often feel more secure when they do not pay their bills, the next step, if out-of-court enforcement of cross-border claims is unsuccessful, is to apply for a European order for payment.
In cases where the Recognition and Enforcement Act (AVAG) applies, summary proceedings and thus the service of a default summons abroad may be appropriate.
This requires a claim arising from civil or commercial law for a payment due.,
which is undisputed and also has a cross-border context.
First, we submit an application to the European Small Claims Court for a payment order. After the competent court has reviewed the data, a European payment order is issued and served on the debtor by the central European Small Claims Court. The debtor now has the opportunity to lodge an objection within a 30-day period. If your debtor does not respond, you will receive an enforceable title against the debtor and can initiate enforcement proceedings. If an objection is lodged, we will proceed to civil proceedings.
For the reasons stated above, a different remuneration arrangement applies to orders than to domestic debt collection.
Please fill out our short questionnaire and we will be happy to advise you on international debt collection.
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We will receive your completed form and invoice and get back to you as soon as possible to let you know whether we accept your order.
First, we always recommend an out-of-court approach. However, we are also happy to adapt our strategy to your needs, depending on whether you are a private individual or a company. Once you have commissioned us and provided us with the debtor's details, we will first send the first collection reminder. In this reminder, we provide the debtor with the essential details of the claim and the additional costs incurred as a result of the commission. If the reminder cannot be delivered, we will also take care of determining the address. If the debtor does not respond to the first collection reminder despite the current address determination and successful delivery, we will send another reminder. Here, we take a more decisive approach and express our understanding for the delay, but also point out the consequences and possible solutions.
Such an approach is often promising simply by engaging a debt collection agency, as the debtor becomes aware of their default position and the negative consequences of involving a third party who is not the original contracting party.
We work on a success basis. This means that if we are successful, your debtor pays the collection fees incurred as a result of the assignment. In the event of full recovery of your outstanding claim, we receive the statutory default interest and costs incurred by us directly from the debtor. You receive the full amount of your claim from your debtor.
Should further costs arise, such as court fees, enforcement costs, or costs for address investigations or international debt collection due to the debtor's relocation abroad, we will discuss the procedure with you in advance and inform you of these possible additional costs. These costs will therefore only be incurred after prior consultation with you. (You can find more information on this in our Terms and Conditions and, if necessary, by one of our employees)
Your debtor will also only incur fees that are provided for by law under the Legal Services Act.
We also regularly publish new court rulings on this topic on our blog, as well as information about dubious practices in the debt collection industry.
As a general rule, out-of-court proceedings are more lenient towards debtors. This is because it is often the case that the invoice has simply been overlooked in the day-to-day running of the business and the debtor is keen to act as quickly as possible after receiving a request from us, so that you receive your claim 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.
We will be happy to provide you with comprehensive advice if you are interested. A permanent assignment can be set up either via an interface between your accounting system and ours or by sending us an Excel spreadsheet.
This allows you to outsource your receivables management to us without any significant administrative effort. We tailor our service to your needs for long-term assignments, thereby enabling the highest possible efficiency in your debt collection.
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:
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.
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.
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.
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