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IN Austria

Do you have a claim?
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“Invorderingsbedrijf  is your partner for claims throughout Austria.”

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 !

Local debt collection Austria specialists ( Specialists )

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.

Extrajudicial collection in Austria ( Inkassobeauftragung or Vorgerichtliche Forderungsverfolgung )

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.

Always a fair debt collection Austria advice

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.

Judicial collection in Austria ( Gerichtliche Betreibung )

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 ).

1. The Austrian order for payment ( Mahnverfahren)

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.

2. The bottom procedure

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.

C. European order for payment procedure

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.

Benefits from Austria debt collection

  • National coverage throughout Austria
  • Procedures in Dutch (to the extent permitted by law) or German
  • Experienced collection specialists
  • Seamless connection in case of legal proceedings
  • Collaboration with local Austrian debt collection lawyers
  • Expert information and clarity beforehand
  • Proven track record
  • Fast and short lines and 24/7 access via the Online Cockpit
  • Because we use the knowledge and experience of Rechtsanwälte sworn in Austria, you can be sure that the quality is guaranteed 

Why judicial collection Austria works so well

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.

What happens if we have obtained a judgment ( Urteil ) for you?

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.

Seizure in Austria: Zwangsvollstreckung

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.

1. The role of the Gerichtsvollzieher

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.

2. Vermögensauskunft and eidesstattlichen Versicherung

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.

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

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.

Bankruptcy ( Bankrott )

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.

Bankruptcy as a means of redress for direct debit Austria ( Insolvenzverfahren )

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.

And where can we help you?

  • Converting Dutch judgments to be executed in Austria and visa versa
  • Enforcement of judgments (seizure in Austria
  • Having various procedures under Austrian law
  • Advising on contracts and conditions
  • Taking care of the order to impound property attachments
  • Credit information on debtors established in Austria
  • Disputes with bankruptcy trustees, for example with regard to retention of title and the right of advertising
  • Mediation in and assistance with making private arrangements (including settlements)

Limitation periods (Verjährungsfristen)

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:

  • Unlawful act: 6 months
  • Claims arising from a transport contract: 1 year
  • Receivables related to the provision of services or goods: 3 years

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.

Legal form of your debtor (Rechtsform)

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 Gesellschaft mit beschränkter Haftung (GmbH). This legal form is comparable to the Dutch BV
  • The Aktiengesellschaft (AG). This legal form is comparable with the Dutch NV
  • The Offene Gesellschaft (OG). This legal form is comparable to the Dutch general partnership (VOF)
  • The Einzelunternehmen . This legal form is comparable with the Dutch sole proprietorship 

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).

What do you need for Austria’s debt collection?

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:

  • Copy of the agreements, for example an agreement, an e-mail message, a fax confirmation or simply your summary of what has been agreed
  • Copy of your invoices
  • Copy of your reminders
  • A copy of your terms and conditions
  • Any proof of delivery

It does not matter where in Austria you have something to claim

Austria is divided into nine federal states.

Invorderingsbedrijf B.V. is active in all nine federal states.
1. Vienna
2. Lower Austria
3. Upper Austria
4. Salzburg
5. Tyrol
6. Voralberg
7. Carinthia
8. Styria
9. Burgenland

Legal areas of direct debit 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:

  1. Construction law
  2. Rent and rent
  3. Buy and sell
  4. Employment law
  5. Agency agreement
  6. Transport
  7. Damage and wrongful behavior

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

Start directly with Incasso Austria

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.

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
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  • Switzerland
    54 Clients    340 Cases
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    The only creditmanagement organization with more than 20 years of experience in International Business
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    • Monitoring
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  • Belgium
    205 Clients    932 Cases
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    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
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  • Italy
    78 Clients    459 Cases
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    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
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    • Data integration
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  • Poland
    189 Clients    674 Cases
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    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
    • Monitoring
    • Debtor management
    • Data integration
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  • 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
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  • Spain
    93 Clients   538 Cases
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    • Customer acceptance
    • Monitoring
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  • Russia
    45 Clients 258 Cases
    Credit management: Russia
    The only creditmanagement organization with more than 20 years of experience in International Business
    • Customer acceptance
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  • Austria
    23 Clients 60 Cases
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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
    Gregor Smith
    E. Schaffels
    C. Janssen
    Wim Kok
    Timo ten Cate
    G. Foster
    L. Schipper
    Financial director
    G. Nafzger
    C. Raaphorst
    D. Boedhai
    R. Vos
    E. van Vijfeijken
    H. de Jong

Selection of
our customers