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THE MOST ADVANCED DEBT COLLECTION
IN Germany

Do you have a claim?
Ask for advice or register your claim
OR

“Invorderingsbedrijf B.V. is your partner for claims throughout whole Germany”

Our collection specialists Germany are at your disposal and ensure efficient and above all professional handling. Read how we can collect for you in Germany.

Extrajudicial collection Germany

Germans like to have clarity. This means that a German debtor must be given a clear deadline within which payment must be made. This is also called Fristsetzung. With this term, we do not only indicate that payment must be made before a certain date, but also that the debtor can be expected to be able to expect legal proceedings. When the payment is not made before that particular date, this ensures payment in most cases. But if that does not work, the German law is perfectly equipped to be able to cash. 

Why judicial collection Germany works so well?

German legal proceedings are carried out by our local debt collection lawyers ( Rechtsanwälte ). We start by starting a so-called Mahnverfahren. This is a German petition that describes what your claim is, how high it is and who the parties are. This request is submitted to the competent local court in Germany.

The authorized Mahngericht hands the submitted Mahnverfahren to the debtor. The debtor will then receive a court order for payment: the Mahnbescheid . The debtor can lodge a defense against this judicial reminder within two weeks. If he does not do this, the court will issue a Vollstreckungsbescheid .

The Vollstreckungsbescheid is the enforcement order with which attachment can be made. This judgment is also served on the debtor (by the court). Again, the debtor has two weeks to go in opposition. If he does not do this, then the claim is fixed. So he can no longer be affected, not even with an appeal!

For example, legal proceedings in Germany usually take a very short time compared to other countries. Why here also the German law has many advantages, you can read later.

A German debtor thinks, before he ticks, to want to defend himself

The German legal system is characterized by very short terms of respond. When your respond is too late, it is really too late. If a debtor wishes to defend the Mahnbescheid , he must have actually filed his defense within four weeks of service of that Mahnbescheid . If he does not do this, the judge will immediately point this part out. This also applies if the debtor does not take Rechtsanwalt into account, because a lawyer is obliged. Many debtors, however, refuse to call in Rechtsanwalt and are responding to the judge themselves and the judge passes their entire answer.

Because the German court will order the debtor to pay the costs of the proceedings, a German debtor will think twice before deciding to take a defense. If the defense is nonsensical, the debtor will be deprived.

Seizure in Germany: Zwangsvollstreckung

The seizure in Germany or Zwangsvollstreckung can not be compared with methods in the Netherlands. The method of executing in Germany offers many advantages over those in the Netherlands.

1. The role of the Gerichtsvollzieher

A German bailiff or Gerichtsvollzieher is an official, not an entrepreneur. He is only authorized locally and, contrary to Dutch bailiffs, receives instructions from the local court. A creditor who wants to execute a judgment, for example a Vollstreckungsbescheid, must let this go through the local court.

The Gerichtsvollzieher has far-reaching possibilities for actually collecting the claim. It is expected that the debtor will be fully cooperated. If he does not do this, he can be taken hostage and even be taken into custody. And that is not all.

2. Vermögensauskunft and eidesstattlichen Versicherung

In Germany, non-payment of debts is taken very seriously. In 2013 the law ‘Gesetz zur Reform der Sachaufklärung in der Zwangsvollstreckung’ came into effect. With effect from 1 January of that year, debtors who have been convicted are obliged to cooperate in a so-called Vermögensauskunft . In addition, a debtor is obliged to issue a statement about his entire assets (assets, debts, income, expenses), the Vermogenssenzezeichnis.

The bailiff then knows exactly where he has to seize. The debtor must also declare that he has made a statement of his ability in truth and best honor and conscience. He is obliged to sign a so-called eidesstattlichen Versicherung . Falsifying and / or not explaining ensures that the bailiff can have the debtor be held hostage with the police. A creditor can order an arrest, a Haftbefehl . If a statement is still issued and / or demonstrably declared false, detention in prison will follow. And it goes even further.

3. Publication of the Vermögensverzeichnisses: an effective means of redress for German debt collection

After the debtor has made the Referredowner the Financials / </>>, the bailiff will publish the report at the zalenralen Vollstreckungsgericht. He also sends an overview to the creditor.

Unfortunately, for the debtor, published messages remain in the system for years. In this way, creditors gain insight into the debtor’s entire assets. However, other governmental elements such as Vollstreckungsgerichte , Insolvenzgerichte , Registrar-oriented and even Strafverfolgungsbehörden have access.This means that most debtors want to avoid a publication at the zentralen Vollstreckungsgericht at any cost. For the bailiff this gives a lot of bargaining power, from which the creditor benefits. Most debtors are paying directly. For example, a debtor also prevents the Vermögensauskunft from being passed on to Schufa Holding AG (Schufa) , an association based in Wiesbaden that keeps records of solvency and creditworthiness and this information in various product forms to third parties. A debtor who is reported to be badly on the books will automatically experience problems: more than 128 million credit applications are made annually at Schufa . The Schufa has data on 66.4 million natural persons and 5.2 million enterprises. Nobody wants to do business with a company with bad credit.

Special role of the Geschäftsführer of the GmBH

The German company Gesellschaft mit beschränkter Haftung, abbreviated GmbH , is a limited liability company under German law. This legal form is common in Germany, Austria, Switzerland and Liechtenstein. The driver ( Geschäftsführer) of a GmbH must always be a natural person and can not be a company. The minimum capital of the company is € 25,000 (at the time of incorporation at least € 12,500 must be paid up).

The Geschäftsführer is sometimes personally liable for the debts of the GmbH

Notwithstanding Dutch law, the Geschäftsführer can be liable fairly quickly for the debts incurred by the GmbH. This is an important issue within the German debt collection. For example, the Geschäftsführer may be liable to the GmbH itself (as a director, for example under an employment contract), but also as a director vis-à-vis third parties, such as creditors. This is the case, for example, if the published annual figures are misleading. Or if the Geschäftsführer deals with transactions when he knew or ought to know that the GmbH would never be able to pay or if he would not pay taxes. In addition, there may even be criminal liability.
Whether a Geschäftsführer is personally liable depends on how carefully he acts. In Germany there are many procedures every year about the ‘ Sorgfalt eines Geschäftsmannes’.

Geschäftsführer required to apply for the bankruptcy of the GmbH

In any case, a Geschäftsführer does not act carefully if it fails to request the bankruptcy of the GmbH. Is the Geschäftsführer aware of imminent insurmountable indebtedness ( Überschuldung ) or non-payment ( Zahlungsunfähigkeit) – and therefore creditors can not be paid – and if he does not request bankruptcy within 3 weeks after he finds out, he will be held personally liable for all debts (!) of the GmbH. He also has to pay for part of the costs of the bankruptcy procedure.

Geschäftsführer can also be prosecuted under criminal law

Because there is no frivolous thinking about driving a company in Germany, acting in violation of the ‘ Sorgfalt eines Geschäftsmannes ‘ can also be followed by a criminal prosecution. The Staatsanwaltschaft or the public prosecutor may sue and have the Geschäftsführer prosecuted for committing criminal offenses against other companies, natural persons or the State of Germany itself, such as the tax authorities . It concerns the Wirtschaftskriminalität .
A Geschäftsführer knows this. During a collection procedure, this legal obligation is sometimes used to reinforce the negotiating position of the creditor.

Shareholder of the GmbH may also be liable

In the Netherlands, a shareholder is not held liable for the shortfall in the event of bankruptcy. If in Germany a GmbH no longer has a director, but still a shareholder, this Gesellschafter can also be held liable for the shortage in the estate. This if the shareholder was aware of the insurmountable indebtedness ( Überschuldung ) or non-payment ( Zahlungsunfähigkeit).

Advantages of Germany collection

  • National coverage throughout Germany,
  • Customization in your file,
  • Fast procedures focused on results,
  • One point of contact in the Netherlands,
  • 24/7 online access,
  • Expert information and clarity beforehand,
  • Proven track record,
  • Because we use the knowledge and experience of Rechtsanwälte sworn in in Germany you can be sure that the quality is guaranteed.

Courts for debt collection Germany

Our clients for debt collection Germany are dealing with all sorts of claims. We can help you with all civil claims on debtors in Germany. Think for example:

  • Construction law,
  • Rent and rent,
  • Buy and sell,
  • Employment law,
  • Agency agreement,
  • Transport,
  • Damage and wrongful behavior.

We work directly for clients, but also for intermediaries such as law firms and accountancy firms.

Interruption of the statute of limitations under German law

An interruption of prescription, comparable to Dutch law, in the sense that the limitation period is interrupted and a new limitation period starts, can only be based on German law if there is an acknowledgment of the claim by the debtor (for example by (partial) payment) or if the creditor has made a request for execution measures (attachment).

Limitation periods under German law

Like Dutch law, German law has various prescription periods, or Verjährungsfristen . The general limitation period is 10 years. For many agreements, however, a limitation period of 3 years applies. For certain claims, different limitation periods apply, such as transport. An enforceable title such as a Vollstreckungsbescheid has a limitation period of 30 years (in the Netherlands 20). The commencement of the limitation period does not start – just as in the Netherlands – from the moment that the claim has become due (default) but at the end of the year in which the claim became due and the creditor based the circumstances on which the claim is based. knows and the creditor is familiar with the debtor or should reasonably have known about it.
If this is not the case now, the limitation period can be temporarily interrupted, for example by starting a legal procedure, such as a Mahnverfahren or having a court order of execution such as a Mahnbescheid . Slightly less often, the period of interruption is temporarily interrupted by service of the request to conduct a judicial procedure to secure proofs ( selbstständiges Beweisverfahren) also the limitation period.

Because German law has so many limitation periods, it is advisable not to wait too long to start a collection procedure.

And where can we help you?

  • European Payment Order (EBB),
  • Enforcement of judgments (seizure in Germany),
  • Having various procedures under German law,
  • Advising on contracts and conditions,
  • Taking care of the order to impound property attachments,
  • Credit information on debtors established in Germany,
  • Disputes with bankruptcy trustees, for example with regard to retention of title and the right of advertising.

Start directly with Incasso Germany

Do you have something to claim in Germany? Or a dispute with a German debtor? In that case, direct debit Germany may also be helpful to you. Please feel free to contact us via telephone number 070-7620330 or send us an e-mail . Collection specialist Mr. Konings can tell you more about the possibilities of collecting Germany and (hard to) recoverable receivables from debtors established in Germany.

From which country do you want to make a claim?

  • Germany
    120 Clients    653 Cases
    Credit management: Germany
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Switzerland
    54 Clients    340 Cases
    Credit management: Switzerland
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Belgium
    205 Clients    932 Cases
    Credit management: Belgium
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Italy
    78 Clients    459 Cases
    Credit management: Italy
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Poland
    189 Clients    674 Cases
    Credit management: Poland
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • France
    259 Clients    1208 Cases
    Credit management: France
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Spain
    93 Clients   538 Cases
    Credit management: Spain
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Russia
    45 Clients 258 Cases
    Credit management: Russia
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now
  • Austria
    23 Clients 60 Cases
    Credit management: Austria
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
    • Market analysis
    • Credit Management
    Discover now

Experciences of our customers

  • By working with consultants from Invorderingsbedrijf B.V. We have made great leaps in the professionalization of our debtors department. The costs have decreased by more than 80%. We have more satisfied customers and invoices are paid up to 3 times faster.

    cost reduction of 80%
    and invoices paid up to 3 times faster

  • By working with consultants from Invorderingsbedrijf B.V. We have made great leaps in the professionalization of our debtors department. The costs have decreased by more than 80%

    cost reduction of 120%
    and invoices paid up to 5 times faster

  • Thanks to Het Invorderingsbedrijf, we have fewer debtors than ever before. I always try to settle matters with my clients myself first, but if worse comes to worst, Het Invorderingsbedrijf always makes time to help me out. We are a perfect match and I would recommend them to everyone.

    Graumans Machinale Timmerwerken B.V.

  • As a short lease and rental car company, we deal with numerous debtors. The stakes are often high, because large amounts of money are involved. Het Invorderingsbedrijf has been proven to be a solid and strong business partner. We have been working together for several years now and could not be more satisfied. Their proper advice and quick-wittedness have enormously increased our working capital.

    Select Car Lease B.V

  • It has to be said: I am extremely satisfied with the efforts, passion, and involvement of Het Invorderingsbedrijf!

    Bosch Car Service

  • Het Invorderingsbedrijf has made a very positive impression on us. During the whole collection process, they have provided us with professional and helpful advice. The debt collectors are easy to approach and always make time if needed. Moreover, their business approach is very transparent: digital files containing all necessary reports, letters, and appointments are always up-to-date and therefore easy to track. I believe that every company should create such a digital file for their clients. At Het Invorderingsbedrijf you get a case number, but are never treated as ‘just a number’!

    Digital Group

  • To me, reliability is key to any business relationship. I treat my clients with respect, and expect to be treated with respect myself as well. That is the reason why I like working with Het Invorderingsbedrijf. Our department ‘credit management’ is constantly being updated about the progress of our claims, and therefore, I always know what is going on. If cordially settling a case turns out to be impossible, Het Invorderingsbedrijf always manages to find the most effective collection tool.

    Fost-Air Construction techology B.V.

  • As one of the fastest growing oil wholesalers, I need to focus on my company’s orders, distribution, and logistics. We have a divers and very large customer base that deserves my full attention. Hence, my choice for Het Invorderingsbedrijf. They do as promised: they take immediate action and never let a case drag along.

    OTR Oiltrade B.V.

  • Het Invorderingsbedrijf: a credit management partner who knows how to communicate. Who provides us with professional advice, who gets a lot done in short periods of time.

    Van Doorn Container Parts B.V.

  • As a nationwide service provider, I need to be able to trust my business partners. The arrangements we make with our business partners simply need to be met. I highly appreciate the services of Het Invorderingsbedrijf. They are extremely professional and their online database allows me to track the progress of my cases at all times. That they operate nationwide, is important to me. Acutec represents quality, knowledge, and experience, and so does Het Invorderingsbedrijf. Our partnership has proven to be of great value.

    Acutec B.V.

  • We started doing business with Het Invorderingsbedrijf in 2010. We were looking for a collection agency that was on the one hand able to maintain the valuable relationships we have with our customers, and on the other hand, was able to quickly and effectively recover our debts. Het Invorderingsbedrijf has proven to be the right fit. Both the cordial and legal process is taken care of and I am constanly aware of the progress. I use the Online Cockpit to track the status of my cases. I would highly recommend Het Invorderingsbedrijf to everyone.

    Deo Printing

  • Kroon Leveranciers is an online wholesale business with more than 17.000 office supplies. On a daily basis, we deal with hundreds of business customers in both the Netherlands and Belgium. Het Invorderingsbedrijf takes care of our complete administration. In doing so, files are automatically taken care of and I don’t have to spend any time on them anymore. Debtors who contact us, I immediately refer to Het Invorderingsbedrijf. Het Invorderingsbedrijf is an extremely tranparant and competent collection agency and I could not be more satisfied.

    Kroon Leveranciers B.V.

  • The collaboration between Het Invorderingsbedrijf and Softmedia has been extremely successful. Whenever we deal with a debtor who fails to pay his due, Het Invorderingsbedrijf takes over. We don’t have to worry about it anymore and they always succeed in recovering our debts. Moreover, because of their professional approach, it has never negatively affected the relationships with our clients.

    Softmedia Interactive

  • Doing business in construction requires creativity. Het Invorderingsbedrijf has been our partner for legal matters and debt collection for years now. I am extremely satisfied with their fast-paced approach.

    De Jong en van Aartrijk B.V. (carpentry factory)

    Matt Jakobsze
    Designer
    Gregor Smith
    CEO
    E. Schaffels
    Director
    C. Janssen
    Controller
    Wim Kok
    Director
    Timo ten Cate
    Director
    G. Foster
    Director
    L. Schipper
    Financial director
    G. Nafzger
    Controller
    C. Raaphorst
    Director
    D. Boedhai
    Director
    R. Vos
    Controller
    E. van Vijfeijken
    Manager
    H. de Jong
    Director

Selection of
our customers