Dunning procedure by Fortis Inkasso
An assignment by the collection agency or the assignment for the judicial enforcement of the claim within the framework of a dunning procedure requires the invoicing by the creditor as well as the reminder.
We are at your side
If you have a monetary claim as an entrepreneur or as a private person, the judicial dunning procedure can be a quick and inexpensive way to obtain an enforcement order. This procedure is suitable if the monetary claim is not disputed and there are no other grounds for inadmissibility. We help you with the correct implementation in order to obtain such an enforcement title. One of the many advantages is, among other things, that on the one hand the enforcement order can be enforced directly or within the next 30 years. This long period increases the chance of a successful garnishment.
We as a debt collection company keep an eye on your debtors in order to check whether the debtor, who may not be able to pay now, has liquid funds at another time. This is very likely within a longer period of time, for example through an inheritance, a marriage or the start of a new job. With our service you will get your enforcement order as far as the defendant, your debtor does not file an objection.
1.
We apply for a dunning order at the responsible dunning court - Most federal states have central dunning courts and electronic dunning procedures are also possible.
2.
The defendant, its debtor, is served with an order to pay, against which it can lodge an appeal
3.
We apply for a writ of execution
4.
Legal force of the enforcement order
Start of execution
It is often the case that the debtor, after being served with the order for payment, pays the outstanding debt to
settles in order to avoid legal proceedings, which are associated with costs. The
Dunning proceedings are then terminated.
For the dunning procedure, i.e. in particular the dunning notice or enforcement order
legal fees and court costs are incurred. Only for the court costs for a
Dunning procedure you have to pay in advance. You can calculate this here:
https://www.mahngerichte.de/verfahrenshilfen/kostenrechner/
Here you will find that the court costs are very low.
What happens if your debtor files an objection?
If your debtor lodges an objection against the default summons or an objection against the enforcement notice, the claim must be asserted in court proceedings. From this point on, a lawyer must take over the process. If you wish to continue asserting your claim in court, our lawyers will advise you and take over the continuation of the debt collection. In the case of judicial enforcement, other costs will be incurred, which we will show you exactly. If your claim is justified, however, the debtor will also bear these costs.
We will be happy to check for you whether the conditions for applying for an order to pay are met in your case. In some cases, however, such proceedings are always ruled out. For example, if there is no monetary claim or if you have not yet paid the consideration. But here again there are some exceptions, which result from the individual contractual relationship between you and your debtor. Therefore, we also comprehensively examine the general business relationship as well as the facts communicated by you.
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.
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