An assignment by the collection agency or an assignment for the judicial enforcement of the claim within the framework of a dunning procedure requires invoicing by the creditor and a reminder.
If you are a business owner or private individual with a monetary claim, the court dunning procedure can be a quick and cost-effective way to obtain an enforcement order. This procedure is suitable if the monetary claim has not been disputed and there are no other grounds for inadmissibility. We can help you with the correct implementation to obtain such an enforcement order. One of the many advantages is that the enforcement order can be enforced immediately or within the next 30 years. This long period increases the chance of a successful seizure.
As a debt collection agency, we keep an eye on your debtors to check whether a debtor who may not be solvent at present will have liquid funds at a later date. This is very likely to happen over a longer period of time, for example through an inheritance, marriage, or starting a new job. With our service, you will receive your enforcement order, provided that the respondent, your debtor, does not file an objection.
We apply to the competent dunning court for a dunning notice – most federal states have central dunning courts, and electronic dunning procedures are also possible.
The respondent, her debtor, is served with a default summons, against which he can lodge an objection.
We request an enforcement order.
Legal validity of the enforcement order
It is often the case that, after receiving the payment order, the debtor
settles in order to avoid legal proceedings, which would incur costs. The
The dunning process is then complete.
For the dunning procedure, in particular the dunning notice or enforcement order
attorney's fees and court costs are incurred. Only for the court costs for a
You must pay in advance for dunning procedures. You can calculate these here:
https://www.mahngerichte.de/verfahrenshilfen/kostenrechner/
Here you will find that the court costs are very low.
If your debtor lodges an objection to the default summons or appeals against the enforcement order, the claim must be asserted in court proceedings. From this point on, a lawyer must take over the case. If you wish to pursue your claim in court, our lawyers will advise you and take over the continuation of the debt collection process. Legal proceedings incur additional costs, which we will explain to you in detail. However, if your claim is justified, the debtor will also bear these costs.
We will be happy to check whether the requirements for applying for a default summons are met in your case. However, in some cases, such proceedings are always ruled out. This is the case, for example, if there is no monetary claim or if you have not yet provided the consideration. But here, too, there are some exceptions that arise from the individual contractual relationship between you and your debtor. We therefore also comprehensively review the general business relationships and the facts you have provided.
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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