Foreign debt collection from Fortis Inkasso
We can also assert your claims for you in a legally secure manner abroad. Please feel free to contact us immediately.
What to pay attention to
Foreign debt collection not only involves higher risks, but also requires much more extensive legal work and research on the debtor.
It remains to be determined in each individual case whether domestic collection law is applicable or foreign 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 his company headquarters abroad.
First of all, we also recommend an out-of-court procedure. Here we contact your debtor directly, if possible
in the language of the country in which it is domiciled or has its registered office or in English.
However, since debtors abroad often feel more secure about not paying their bills, the next step is to apply for a European order for payment if out-of-court enforcement of cross-border claims is unsuccessful.
In cases where the Recognition and Enforcement Implementation Act (AVAG) applies, an order for payment procedure and thus the service of an order for payment abroad may make sense.
This requires a claim arising from civil or commercial law for a due payment,
which is not disputed and additionally has a cross-border context.
First, we file an application here for you with the European order for payment court for the issuance of an order for payment. After verification of the data by the competent court, a European order for payment is then issued and served on the debtor by the central European order for payment court. Now the debtor has the possibility to file 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 the objection is filed, we will proceed to civil proceedings.
For the above-mentioned reasons, a different remuneration regulation is applied in the case of assignment than in the case of domestic collection.
Feel free to fill out our short inquiry form and we will be happy to advise you also in the area of foreign debt collection.
Easy payment,
also abroad.
Fill out questionnaire
Register and fill in the required fields.
Upload document
Quite simply as a PDF or image file.
And already ready!
We will receive your completed form and invoice and get back to you as soon as possible whether we accept your order.
Frequently Asked Questions (FAQ)
Initially, we always recommend an out-of-court approach. However, we are always happy to adapt our strategy to your needs, which arise from your position as a private individual or company. After the assignment and communication of the debtor's data, we first send the first collection reminder. In this letter we inform the debtor about the essential data of the debt and the additional costs incurred by the assignment. If the reminder cannot be delivered, we also take care of an address inquiry. If the debtor does not respond to the first collection reminder even despite the current address determination and successful delivery, we will send another reminder. In this case, we take a more specific approach and communicate our understanding of the default, but at the same time point out the consequences and possible solutions.
Such an approach is often already promising just by hiring a debt collection agency, as the debtor becomes aware of his defaulting position and the negative consequences of involving a third party that is not the original contracting party.
We work on a contingency basis. This means that in the event of success, your debtor pays the collection fees incurred by the assignment. Thus, in the case of full recovery of your outstanding debt, we receive the statutory default interest and costs incurred by us from the debtor directly. You will receive the full amount owed by your debtor.
If further costs are incurred, such as court fees, enforcement costs or costs of address investigations or foreign debt collection due to the debtor's default abroad, we will discuss the procedure with you in advance and inform you about these possible additional costs. Accordingly, these will only be incurred after prior consultation with you. (You can find more information about this in our General terms and conditions as well as by one of our employees if required)
Your debtor will also only incur fees that are provided for by law under the Legal Services Act.
On our blog, we also constantly publish new case law on this topic as well as tips on dubious practices in the debt collection industry.
As a general rule, out-of-court proceedings are gentler on the debtor. This is because it is often the case that the invoice has been lost in everyday life and the debtor is keen to act as quickly as possible after being requested to do so by us, so that you receive your claim quickly.
The pressure is often higher when a third party has been commissioned to assert the claim. This pressure is sufficient and brings about a satisfactory outcome for all parties involved.
If the debtor proves to be unwilling to pay or if such unwillingness is to be feared, judicial dunning proceedings are an option.
Here you can find out more about the dunning procedure.
In most cases, commissioning a debt collection agency does not do any harm, but on the contrary leads to the fact that your contractual relationship does not suffer from the debtor's default. How do we come to this conclusion? The involvement of an outsider who objectively assesses the claim is always a means to reach a fair result out of court. The creditor can transfer the unpleasant and time-consuming task of collecting his claim from the debtor to the collection agency. This not only saves him time and nerves, but also allows him to preserve the relationship with his debtor for the ongoing contractual relationship, without having the urge to terminate the contractual relationship for good out of frustration.
We will advise you comprehensively on this if you are interested. A standing order can be set up either by means of an interface in your accounting department and our system or by submitting an Excel spreadsheet.
This enables you to outsource your receivables management to us without any major administrative effort. We adapt our service to your needs in the case of a standing order and thus enable the highest possible efficiency in your receivables collection.
You can hire us as a private person but also 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 put in default. Either by means of a reminder, i.e. a clear and specific request with which the creditor unambiguously expresses that he demands the performance owed. A reminder may also be dispensable in the cases specified in the German Civil Code (BGB) if, for example, a time was specified for the performance according to the calendar. Even the smallest amounts can be claimed by us. We explain in more detail in our blog why it is necessary and useful to claim even the smallest amounts.
If the debtor disputes a claim in the collection procedure, the procedure continues as follows:
- Review of the claim: Fortis Collection will review the creditor's claim in detail to ensure that it is legal and justified. If the claim is not justified, the collection agency will discontinue the procedure.
- Defense of claim: If the debtor disputes the claim, he must justify his objections in writing. The debtor must specifically state why he does not acknowledge the claim and, for example, give reasons why the service was not provided or the claim was not calculated correctly.
- Examination of objections: Fortis Inkasso will examine 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.
- Legal proceedings: If Fortis Inkasso considers the claim to be justified and the debtor continues not to pay, Fortis Inkasso will initiate legal proceedings on behalf of the creditor. The claim will then be enforced in court. In the event that the creditor prevails, the debtor will then additionally bear the costs of the legal proceedings.
User-friendly
Our simple user interface is fast and easy to understand.
Fast support
If you have any questions, we will be at your disposal promptly upon request.
Secure payments
With us, your payments are processed quickly and securely.
