GRP Rainer lawyers tax advisors in Cologne, Berlin, Bonn, Düsseldorf, Hamburg, München

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Enforcing a Judgment Against a Bad Debtor in Germany

Once it has been determined that a German debtor is responsible for paying the debt due to your company, enforcement proceedings begin. Enforcement of a bad debt judgment against a German citizen or company will depend on several factors. First and foremost, identifying which country’s laws control the debt collection enforcement proceedings will be critical.

Enforcing a German Judgment

Against a German DebtorOnce a final and conclusive judgment has been reached in a lawsuit filed in German courts, generally the bailiff will execute the court’s orders. If the German debtor has been determined to be liable to our client, the bailiff may take one of the following actions:

    • Inventory items at the debtor’s premises which can then be subjected to a levy;
    • Under certain circumstances obtain a written overview from the debtor of any potential objects subject to execution – real estate, large assets, bank accounts, etc.


Our German bad debt recovery firm can -under certain circumstances- take the following debt collection actions on behalf of your company:

    • Issue an attachment levy against the debtor’s assets;
    • Request a coercive detention of the debtor;
    • Seize real estate; and/or
    • Seize the debtor’s claims.


How we effect enforcement of a German court’s judgment will depend on the individual circumstances of each case. Please contact us for more information regarding enforcement of bad debt recovery abroad.

Enforcing a Foreign Judgment Against a German Debtor

If you have successfully obtained a judgment against a German debtor in your home country and are ready to enforce that judgment and initiate debt collection in Germany, we can help www.grprainer.com/en/Debt-Collection.html

Enforcing judgments of foreign courts depends largely on German Law and German Civil Procedural Code. Courts of the European Union are generally recognized, as are most foreign judgments. However, some foreign courts have been determined to be “internationally incompetent” and under German Law, enforcement of decisions rendered by such courts will not be validated in Germany.

Our foreign-based clients seeking enforcement of a foreign judgment against a German debtor often ask questions such as:

    • How can I go about collecting bad debt in Germany using a court order from another country?
    • How does Germany treat a default judgment from the U.S.? Asia? Canada? Or, the UK?
    • Would it be more efficient if our company simply filed another lawsuit in the German courts? How much will that cost?


Since every German debt collection case is different, we urge you to contact a firm that specializes in international debt collection for detailed answers to the questions above. At GRP Rainer LLP, our experienced international debt collection lawyers will listen to your unique circumstances and answer any questions you may have regarding your specific international debt collection matter to identify how the German legal system can help recover your debt.

How GRP Rainer LLP Can Help

We understand that collecting a bad debt in Germany after obtaining a judgment in a foreign-based court can be a frustrating experience. The attorneys at the law firm of GRP Rainer LLP are German debt collection specialists. We have experience representing English-speaking clients located abroad. Our international business lawyers are fluent in both German and English and are skilled bilingual negotiators who are familiar with drafting legal documents in English. We counsel commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn and Düsseldorf, Germany. If your company needs to recover debt in Germany, contact us today to learn more about our German debt collection enforcement proceedings.

Contact
Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0

www.grprainer.com

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Tax advisors
Wilfried Großmann
Tax advisor
Gabriele Rainer
Tax advisor
           
 
Locations
Cologne
Hohenzollernring 21-23
50672 Cologne, Germany Tel.: +49 221-27 22 75-0
Berlin
Kurfürstendamm 21
10719 Berlin, Germany
Tel.: +49 30-88 706 404-5
           
Bonn
Bundeskanzlerplatz 2-10
53113 Bonn, Germany
Tel.: +49 228-26 73 38 5
  Düsseldorf
Königsallee 92a
40212 Düsseldorf, Germany Tel.: +49 211-54 03 99-10
Hamburg
Am Kaiserkai 1
20457 Hamburg
Tel.: +49 40–80 80 74 72-7
Munich
Maximilianstrasse 35a
80539 Munich
Tel.: +49 89-24 21 83-82