Do you do business in Germany? Then it is nice to know that German debtors are among the best payers in Europe. However, it may happen that a customer does not pay your invoice. Do you decide to proceed with a collection process after a number of reminders? Then the collection procedure in Germany is different than in the Netherlands. In this article you can read what the 4 most important differences are.
While in the Dutch debt collection procedure you are used to a high degree of creditor protection, in Germany it is mainly the debtor who is protected. This does not mean that you have fewer collection options in Germany, more about that later.
In the Netherlands you have the option to file summary collection proceedings for simple collection claims. German law does not have this option. German law does have a type of summary proceedings: the Einstweiliges Verfügungsverfahren. However, this is only used in exceptional cases, for example within intellectual property law. You cannot use this procedure to collect an invoice.
In the Dutch debt collection world, the conservatory attachment plays a major role. This means that, after you have received permission from the court, you can impose a conservatory attachment on the debtor’s assets. In this way, you freeze part of your debtor’s assets, as it were, and you can be sure that your claim can also be paid if you are successful in the procedure. In Germany this is arranged differently. Here, a seizure request is only possible if you can demonstrate that the other party is embezzling the assets.
After reading the foregoing, you may think that it is less possible to collect an outstanding debt in Germany. But nothing is less true. As previously indicated, German debtors are among the best payers in Europe. If you set a clear payment term for the debtor, stating that you will initiate legal proceedings if payment is not made, many debtors will still pay.
Is the payment still delayed? Then you have two options for litigating in Germany: the Mahnverfahren and (in the case of a disputed claim) the Klageverfahren .
The majority of unpaid claims in Germany are collected after the extrajudicial phase through the so-called Mahnverfahren. This is a relatively short, cheap and effective collection procedure, in which the German court does not examine the legality of the claim.
In this procedure you will receive an enforceable title (Vollstreckungsbescheid ) within a period of two months. With this judicial payment order you can recover the claim and the full legal costs from the debtor and instruct a German bailiff to seize your debtor’s assets.
It may also happen that a debtor disputes your claim. In that case, it is advisable to immediately start proceedings on the merits (Klageverfahren). Both parties must support their statements with documentary evidence. The judge will then make a ruling after one or more court hearings. A solution may be that you are allowed to seize the debtor’s bank account.
Apart from these German debt collection procedures, there are also other options for cross-border debt collection. Depending on what you have agreed, you may also be able to opt for a Dutch debt collection procedure. There are also international options: the European order for payment and the European bank attachment. You can read about this in the next article about cross-border debt collection.
Would you like to know what your options are? Or outsource one or more of your cross-border collections? Then Heisterborg International is happy to help you. Our debt collection specialists work on both sides of the border every day and are fully bilingual. This means they can provide you with excellent advice and take care of your cross-border debt collection from A to Z. From the first telephone or written demand to – if necessary – a procedure and supervising the collection via the bailiff: you no longer have to worry about it!
