Cross-border debt collection in Germany: tips & tricks

In an earlier article we told you more about the collection options in Germany . However, apart from the Mahnverfahren and the Klageverfahren, you also have other options to collect outstanding claims against a German party. You can read more about these options in this article.

In some cases it is possible to start a collection procedure in the Netherlands. This is possible, for example, if you have carried out work in the Netherlands or if the agreement or applicable general terms and conditions state that the Dutch court has jurisdiction. You can then initiate summary collection proceedings or ask the judge to allow a prejudgment attachment.

Is the Dutch court not competent in your case? For example, because you have done business through your German GmbH and German law applies? It may then still be possible to litigate in the Netherlands, for example by ceding (transferring) the claim to a Dutch party that can initiate Dutch proceedings.

Is your claim not disputed? Then the European order for payment is also an option. This is a simple, fast and cheap procedure to collect a debt due in another European Member State.
You can only submit a request for a European order for payment to the court in The Hague. All other courts in the Netherlands have no jurisdiction. You do this with a special form.

You must meet a number of conditions. For example, there must be a cross-border and undisputed civil or commercial claim. In addition, the amount must be specified and it may only concern a collection (there is no room for other claims).

If the judge has issued the European payment order, your debtor must be informed of this. Does he disagree with this order? He then has a period of 30 days (after service) to submit a statement of defense. The order is then enforceable and you can start enforcement in Germany.

In our previous article we told you that in Germany, unlike in the Netherlands, it is virtually impossible to make a conservatorship attachment. You can, however, ask the Dutch court (if it has jurisdiction) to order an international bank seizure. A model form is also available for this.

A stricter standard applies here than for the Dutch prejudgment attachment: you must be able to demonstrate that you run a real risk that, without the attachment, you will be unable or difficult to collect the claim later.

You now have a complete picture of your options for cross-border collection. Which option will be most successful and effective in your situation depends on the circumstances of the case.

Are you curious about what your options are in a specific case? Or do you want to 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!