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Germany
2018-03-27

Debts in Germany

Commercial collection by our German attorneys filing and appearing before the German courts to recover the debts for the commercial dues on behalf of our client’s companies, partnership firms, shipping firms and traders etc.
If there are any written contracts/agreements between the parties then our lawyers use to file a summary suit against the debtors. In this suit debtors have very limited scope to avoid to pay the debts to the clients as there are very few chances to delay the proceeding and to not pay the debt to the clients. Every case has a special character and it depends upon the individual matter.
For the filing of debt recovery suits in Germany all procedures are based upon the guide line defined in the debt collection section of our company.
A suit, to which this order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain a specific proces to the effect that the suit is filed under this order. Any open invoice, which does not fall within the ambit of this rule, has been claimed in the plaint; and the following inscription goes immediately below the number of the suit in the title.

German courts

This order shall apply to the following courts, namely German high courts, city civil courts and courts for small amounts.
Provided that in respect of the court's referred to, the high court may, by notification in the official list, restrict the operation of this order only to such categories suits as it seems proper, and may also, from time to time, as the circumstances of the legal case may require, by subsequent notification in the lawyers office enlarge the categories of suits to be brought under the operation of this collection order.
Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, based on a written contract, or on an invoice, where the sum to be recovered is a fixed sum of money or in the nature of the debt other then a penalty, or on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.
Debt recovery through an arbitration or by an arbitrator, where there is any contract or written agreement between the parties, and where there is a clear legal situation concerning the agreement and the contract about the arbitration to solve all disputes between the parties.
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