2017-05-02 Debt collection by lawyers in Germany
There is, however, an exception to the rule that, foresight and proximity established, a duty of care will arise. Even though these be established, a claim may yet be denied on the ground that to permit it would be contrary to policy. This nebulous concept was, a very long time ago, compared by a German lawyer to an unpaid account across the collection of debts in Germany.
The essence of it is that sometimes considerations other than the need to do justice between the parties must be taken into account. These considerations include the general public interest in Germany, expedience, economic considerations and even the legality of claims management. Such factors may operate so as to outbalance the plaintiff‘s rights and defeat his claim. This open balance is a delicate matter: so delicate that recent dicta at the highest level have suggested that the determination of what is, or is not, debt collection should be left to the legislature. A counsel of despair because ultimately the whole body of the common law is based upon judicial assessment of what is an accounts receivable management — therein, in fact, lies its strength. A stock modern example of the policy exception is to be found in Germany.
Debt recovery actions in Hamburg/Germany: That was a claim in negligence against a barrister in respect of his conduct of a case in court. lt was held that a civil action cannot lie against counsel in the conduct of litigation because public policy so demands. In particular, it was said that it is essential to the administration of German justice and debt collection agencies that all concerned in a trial should be free to speak and act without fear of subsequent civil claims. The granting of such an immunity may be thought questionable and the reasons given for it may seem to some unconvincing. But that only illustrates how unruly the collection of debts may be. In this case it was said that, the lack of proximity apart, German lawyers would also have barred the claim. The reason given was similar; that legal investigations would be hampered if they were to be made under a possible threat of recovery actions. lt may perhaps be thought that both these cases serve to illustrate the tendency of officialdom to cast a net of immunity around itself. Indeed, before the legal proceedings the debtors enjoyed wide immunity from civil actions by lawyers in Hamburg.

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As a qualified bank clerk with several years' occupational experience in Germany as well as my existing living-point for 16 years now in St. Petersburg / Russia. We work together with lawyers-offices in Germany which have specialised of demands from russian enterprises to German debtors as well as all countries from other Europe judicially for many years.

 
 

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Unfortunately there are some businesses who make a habit of using foreign suppliers and service providers to provide goods or services on credit. They exploit the lack of knowledge of their foreign suppliers about german law and take advantage of a general unwillingness to start legal action in Germany. We are prepared and able to assist you in these matters. You only send a single reminder to the debtor and leave the rest to us.
Most foreign businesses are unaware that in Germany the statutory legal fees can be claimed directly from the debtor. A subsequent approach by a german attorney will make it clear that your company is not only acquainted with the law as to collection of debts in Germany, but also willing and prepared to enforce its rights.
In the last four decades Hahn and Partners has titled and executed thousands of judgements and enforcement orders. We have a reliable network of 900 attorneys over the entire country, with whom we work on a daily basis. This enables us to start appropriate action without delay. If a debtor does not pay, we commence all necessary legal action and pursue the debt until collection by a bailiff. In a legitimate claim the final judgement obliges the debtor to reimburse all statutory legal fees as well as the statutory interest on the debt. No performance-related commission will be charged. In case of successful execution of judgement you will receive your complete debt as well as the interest on it. Don't hesitate to contact us directly so that we can assess your needs and assist you in doing successful business in Germany.
Our lawyers in Germany are admitted at all German courts of justice (Amtsgericht, Landgericht, Oberlandesgericht).
 
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