Looking at the gross national product (GNP) and the level of unemployment, Austria is among the most prosperous countries in Europe. However, many people do not know that Austrians are bad payers. Read in this article how direct debit Austria works and find out how we collect your debts in Austria quickly and decisively.
We have all the means to let your Austrian debtor pay. Jawohl !
Austria is divided into nine federal states that form a union with the other states. In accordance with the Austrian Constitution, these nine federal states ( Bundesländer) have their own right, which exists alongside federal law (constitutional law). You do not, of course, have to go deeper into these different legal systems. We have done this for you. Feel free to contact one of our collection specialists in Austria to discuss your progress.
Together with our debt collection Austria specialists you discuss the chance of success of your claim.
In order to optimize the chance of payment, we prefer to start our strategy collection Austria with the extrajudicial phase. This phase begins in most cases with a custom-made notice of default ( Fristsetzung). In addition, we frequently seek contact with your debtor. This happens, among other things, by summons by mail, by e-mail, text message and telephone. We also do everything in this phase to recover your claim. During the extrajudicial phase you have access to the Online Cockpit from which you follow the case. This is an exclusive user right. Only you have access.
In specific situations it is also possible to start direct debit Austria with the legal proceedings. Please contact one of our Austrian collection specialists to discuss the conditions.
We always give you honest advice about the chances of success of your debt collection. We think it is important to put your interest first. That is why we look at the best option for your claims. You can expect that from an international direct debit director.
Nine of the ten claims are collected by us in the extra-judicial phase. Unfortunately, not all debtors ( Debitors) are the same. Debt collection Austria has various routes to recover your claim through legal proceedings. We explain the two most common routes for direct debit Austria.
Austrian legal proceedings are carried out by our debt collection lawyers ( Rechtsanwälte ).
The Mahnverfahren can be applied to claims up to € 75,000. With this procedure a conditional payment order ( stipulator Zahlungsbefeh l) can be obtained, without first having to start a substantive procedure for this. This ensures quick clarity. The order for payment is then served on your debtor who is given a 14-day period for payment of principal and interest and costs. Your debtor can also choose to make a defense ( Einspruch erheben ). In cases where the subdistrict court ( Bezirksgericht) is competent, your debtor can do this himself without the intervention of a lawyer.
Your debtor must defend within 4 weeks. Experience shows that few Austrian debtors make a defense because the debtors otherwise run the risk of being sentenced by the court to pay the costs of the proceedings. If your debtor does make a defense, the procedure will continue under the rules of the bottom procedure (see below). But if your debtor does not respond, or reacts too late, the order will be given legal force. This means that the bailiff can collect your claim with attachment on the basis of a declaration of enforceability that the lawyer collects from Austria.
The deadlines are therefore short: a procedure for debt collection Austria – in comparison with other countries – is very prosperous.
This procedure is also called the regular procedure and applies to claims in excess of € 75,000. The bottom procedure can be started at two moments. We explain.
1. Immediately after the extrajudicial phase;
2. If your debtor defends the proceedings of the Mahnverfahren (as explained above). The procedure is then continued under the rules of the basic procedure.
Usually the basic proceedings are conducted in writing. In some cases the judge will invite the parties in the courtroom to explain the case. The judge will then take a decision and inform the parties accordingly.
There is another option.
The European order for payment procedure is a procedure for cross-border claims that are not disputed. Do you have an undisputed claim? Then this procedure can offer a solution. Under the European order for payment procedure, it is possible to collect an undisputed claim quickly in all EU Member States except Denmark. The court can then send a European order for payment to your debtor. Your debtor then has 30 days to respond. If your debtor does not respond, we can request the court to finalize the payment order. This is a judgment that is accepted in every EU member state. Very practical.
Our debt collection specialists Austria will look together with you to see if there is an undisputed claim. This is the case, for example, if your debtor said: ‘ I do want to pay, but this week I have no money ‘, or ‘ Can we agree on a payment arrangement?’.
Even if you want to discuss the procedures, you can contact one of our Austrian collection specialists without any obligation.
In a so-called Mahnverfahren , or one Austrian petition describes what your claim is, how high it is and who the parties are. This request is submitted to the competent local court in Austria. The competent 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 Austria usually take a very short time compared to other countries. Why here also the Austrian law has many advantages, you can read further below.
An Austrian debtor thinks, before he ticks, to want to defend himself
The Austrian legal system is characterized by very short terms to respond. Too late is really too late. If a debtor chooses to defend the Mahnbescheid, then 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 out. This also applies if the debtor does not take legal abusive action, because a lawyer is obliged. Many debtors, however, refuse to call in Rechtsanwalt, respond to the judge themselves and the judge passes their entire answer.
Since the Austrian court will order the debtor to pay the costs of the proceedings, an Austrian debtor will think twice before deciding to take a defense. If the defense is nonsensical, the debtor will be deprived.
After obtaining the winning verdict, you want to have your money in your bank account as soon as possible. We understand this. After we have obtained a judgment, our collection of Austria specialists will ask permission from the competent court ( Focused) to execute your sentence. The judge must therefore give separate permission for this. When the judge has given permission, our bailiff will collect your claim. The recovery company has everything under one roof. For your claim we activate the right links to make debt collection Austria a success.
The seizure in Austria or Zwangsvollstreckung can not be compared with methods in the Netherlands. The method of executing in Austria offers many advantages over those in the Netherlands.
An Austrian 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.
In Austria, default is taken seriously. If all the information that we have received from you and that the bailiff has collected himself may not yet lead to collection, we require the issuance of a so-called eidessstattlichen Versicherung . Debtors who have been convicted in Austria 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.
After the debtor has deposited the Vermögensverzeichnisses, the bailiff will publish the report in a central and public register. Creditors may, under certain conditions, require a copy of the registration. A debtor established in Austria will want to prevent this and often still pays quickly.
In Austria, a judgment can be enforced for up to 30 years.
Conservatoire batter ( Beschlag )
The word ‘conservatoire’ is derived from the verb ‘to conserve’ that means to keep. If a conservatory attachment is made, the property rights on which the attachment is imposed will be kept, as it were, until the court decides. Your debtor can then no longer alienate or disguise the relevant property right.
Before any prejudgment attachment can be made, we must request permission from the judge. It must be demonstrated:
1. That you have a claim against your debtor;
2. That there is a real risk that your debtor will ‘make the objects in question’ disappear.
In principle, the court will approve the request for a prejudgment attachment if the above conditions are met. This makes conservatory attachment as part of direct debit Austria a welcome addition.
If your debtor is declared bankrupt, the bankruptcy will be announced by an official notice (Edikt). The legal consequences of the bankruptcy will take effect from the start of the day following that of the official notice. The bankruptcy is then entered in the public registers. Our debt collection Austria specialists can then submit your claim to the bankruptcy trustee.
But as a creditor you can also apply for the bankruptcy of your debtor, as a means of pressure in your Austrian debt collection strategy.
You want to get paid. If your debtor does not make a voluntary payment, the specialist debt collection Austria can start the bankruptcy procedure ( Insolvenzverfahren ).
On the basis of the Austrian Insolvenzordnung there must be Zahlungsunfähigkeit, under which it is considered:
“ Der Schuldner ist zahlungsunfähig, if there is a niece in the Low ist, that fälligen Zahlungspflicht zu erfüllen zu. Zahlungsunfähigkeit ist in der Regel anzunehmen, wenn der Schuldner seine Zahlungen eingestellt hat. “
The claim must then be known to your debtor, be fixed (for example, follow from a judgment) and the means may not be used as an abuse of law, for example with the aim of declaring a competitor bankrupt. It is necessary that it can be demonstrated that your debtor has ceased to pay, for example with a fruitless execution or an eidesstattlichen Versicherung issued by your debtor.
Starting a bankruptcy procedure with the Austrian debt collection is often successful. Our collection of Austria lawyers have the means to let your debtor still pay.
Prescription means that a claim is no longer legally enforceable. Do not despair if your claim has expired. Even old claims can still be cashed. It is because your debtor has to appeal to prescription. Experience shows that few debtors do this.
The general limitation period for claims in Austria is 30 years. Debt collection Austria also has a number of specific limitation periods:
Do you have a different claim? No problem. Feel free to contact us. Our debt collection Austria specialists look together with you which limitation period applies to your claim.
In the Netherlands, trade parties can choose the form in which they operate their business. That is possible in Austria, of course. This is also called the legal form ( Legal Form) of your debtor.
The legal form of your debtor affects the liability of your debtor and thus the recoverability of your claim. The debt collection Austria strategy is fine-tuned by our debt collection specialists to the legal form of your debtor (taking Austrian company law into account).
No dossier is perfect. That’s no problem. Together with you, we examine which documents and / or evidence are available. We would like to receive the following documents:
It does not matter where in Austria you have something to claim
Invorderingsbedrijf B.V. is active in all nine federal states.
2. Lower Austria
3. Upper Austria
Our clients for direct debit Austria are dealing with all sorts of claims. We can help you with all civil claims on debtors in Austria. Think for example:
We work directly for clients, but also for intermediaries such as law firms and accountancy firms.
Do you have something to claim in Austria? Or a dispute with an Austrian debtor? Wir welding Sie nicht im Regen stehen . Feel free to contact us by our telephone number 070-7620330 or send us an e-mail . In particular, our collection specialists can tell you more about the possibilities of collecting Austria and (hard to) recoverable receivables from debtors established in Austria.
cost reduction of 80%
and invoices paid up to 3 times faster
cost reduction of 120%
and invoices paid up to 5 times faster
Graumans Machinale Timmerwerken B.V.
Select Car Lease B.V
Bosch Car Service
Fost-Air Construction techology B.V.
OTR Oiltrade B.V.
Van Doorn Container Parts B.V.
Kroon Leveranciers B.V.
De Jong en van Aartrijk B.V. (carpentry factory)