Our workflow

After receipt of your documents and the signed PoA (see below) we send a request for payment / demand or dunning letter (main claim, interest, costs) by mail and e-mail and set a deadline of around 1 week. 

We will contact the debtor by phone at the same time (contact by phone, email, social media, fax and mail /letters). We use all factual arguments, modern psychological mechanisms and rhetorical possibilities to achieve payment.

Certainly we use all kinds of measures to force the debtor to payment or to come to an instalment plan.

Our workflow allows basically 4 steps from a first request for payment (dunning letter) up to the sending of a fully prepared plaint (written statement of claim) to threaten the debtor with court ultimately.

In around 1 week we will know if the debtor pays the debt voluntarily.

Court proceedings:
If the debtor does not react or refuses to pay, court proceedings are recommended due to the lack of further legal possibilities. 

Before starting any court proceedings we request for your consent and try to get information about the solvency of the debtor.

In Germany the debtor has to take over and to refund all fees (including court fees) in case of a judgment to the favour of the client.

In court proceedings we can offer favorable, competitive terms and reasonable fees. For example we offer to conduct court proceedings by paying only court fees in case of certain conditions (full documentation of the claim).

In court proceedings court and lawyer fees relate to a legal table (statutory fee table) binding by law. 

The amount depends on the amount in controversy (amount of claim). We will inform you about the total of fees at an early stage or on request.

GTC

In all other respects, our terms and conditions apply in accordance with our general terms and conditions, which you can access via our website and which we will be happy to send you again on request:

Our general terms and conditions - GTC GTC23.pdf (91.07KB)

Our general terms and conditions - GTC

GTC23.pdf (91.07KB)

WebFile:

We would like to offer you direct data-secured access to your files in order to send us all data and files required for debt collection.

Please use this button to enter our data mask and create a file directly in our office software system. You can choose the English language there.

The transfer takes place via protected high-security servers. The advantage for us is that the data can be transferred immediately to our office software and we can start processing your case straight away. The system is General Data Protection Regulation GDPR compliant.

Debt Collection Form

We would like to offer you direct data-secured access to your files in order to send us all data and files required for debt collection.

Please use this button to enter our data mask and create a file directly in our office software system. You can choose the English language there.

The transfer takes place via protected high-security servers. The advantage for us is that the data can be transferred immediately to our office software and we can start processing your case straight away. The system is General Data Protection Regulation GDPR compliant.

The user interface of the WebFile is easy to understand and can be operated without long training.

We can create and view files online in the cloud, while you submit the required data from home - regardless of your location and terminal device. You do not need to download a programme or install additional office software.

TLS encryption, TÜV certification and hosting in the DATEV data centre guarantee DSGVO-compliant interaction with your actors in every case processing.

Our webFile system

This application allows you to create a file directly in our office.

Unfortunately, a translation of the description into English is not yet available.

The features of our WebFile

From digital file management to uncomplicated data exchange with you: With WebAkte, dusty filing cabinets and huge stacks of paper are a case for the archives!

With just a few clicks on our online platform, every law firm is fit for the digital age.
Click on the button and you will be guided through the data entry process.

Simple file management and access 24/7

One click in the address bar is all it takes and off you go: you can access your digital file on your computer or on your mobile smartphones via a secure login area with any browser.

The WebFile offers us the opportunity to make our work even more efficient and to simplify cooperation with clients.

Whether text document, image or video: Upload any file quickly via drag & drop. Thanks to our online form, you can also contact us easily.

Further information and requirements

What we need from you in court (contested and adversary proceedings):

1. A brief description of the course of the business relationship (statement of facts). When and how did the contact come about, who spoke to whom (names)? Are there any e-mails?
2. When was the order placed, on what day?
3. What was ordered or commissioned in detail?
Is there an order or an order confirmation?
4. When was the delivery made, how, by whom? Are the relevant delivery papers available?
Can the delivery papers still be obtained? This is absolutely necessary for the delivery of goods.
5. Were general terms and conditions (GTC) and conditions agreed or sent?
6. What objections were raised? When? Why? Any clues, ideas or guesses we can consider?
Are the allegations correct? How can the debtor's objections be responded to?
In the case of work performance: When was the work completed? Was the work acknowledged or confirmed as being in accordance with the contract? When, by whom, in what way?
If not: What exactly was objected to? Is this correct? Why not?
Were German VOB agreed?
Is the invoice verifiable? Is it possible to see exactly what was charged for which service on which day?

PoA/proxy:
We kindly recommend to sign and send back a Letter of Authorization (proxy, PoA) by email to avoid discussions with the debtor about our mandate. The LoA is a proof for the debtor that we are entitled to act on behalf of the client. Otherwise the debtor can refuse any communication.

PoA - Power of Attorney - proxy PoAdebts.pdf (594.52KB)

PoA - Power of Attorney - proxy

PoAdebts.pdf (594.52KB)

It does not rule any conditions in relation to us.

In Germany it is a legal requirement to present a signed proxy to the debtor. The debtor can refuse to communicate with us. Please consider that also that bailiffs, courts and other authorities are requested by law to demand a signed LoA with original signature send by post.

research of financial data:
For a better assessment of risks in the recovery of the claim and especially in the court proceedings, we strongly recommend obtaining information about the debtor's side.

What is the financial and economic situation of the debtor's side? Can your claim be paid? Please find our offer here.

Offer Research and Investigations about debtors Costs and fees of research Research23.pdf (78.18KB)

Offer Research and Investigations about debtors
Costs and fees of research

Research23.pdf (78.18KB)

However, we would also like to inform you about costs and fees if legal proceedings become necessary or if you are facing a legal dispute.

Information about VAT:
Because of strict tax regulations in the EU we need the VAT-Id-No. (value added tax registration number, TVA or UID-Nr.) of the client's company.

Please note that success of collection is depending on all information about the debtor like full postal address, full name, Birthday, legal form (corporate company or individual), email accounts, web sites, telNo. and fax.No., bank details of the debtor and the documentation the client provides us with.

Please note also that all claims, whether known or unknown, become time-barred after three years at the latest unless they are asserted in court.

We would like to send your more detailed information about our workflow and course of proceedings on your request.

Data Protection:
We assume that you agree in communication by e-mail.
We are able to provide our services via direct and certified high-security upload of your documents (see below) and access to the files and communication for free (Online Client Registration-OCR and our WebAkte-WebFile) to avoid unsecure email-communication.

We will be glad to answer your questions and provide further information to you at any time.