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Debt collection in Germany
Thread poster: Sophie Marette

Sophie Marette  Identity Verified
Local time: 01:48
English to French
+ ...
Feb 7, 2005

The work was done and due in the UK (£862) but the person that owes us the money, so other amounts for my 2 colleagues (lower amounts) has now moved to Germany and we don't know how to go about this but want a result. We discovered he's trying to get £20,000 from the magazine we were working for (he was a translator himself), so our debtor is also owed a lot of money and probably can't pay us...?

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Alicia Casal  Identity Verified
Argentina
Local time: 22:48
Member (2005)
English to Spanish
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Isn t it possible to ask for a downpayment? Feb 7, 2005

Sophie Marette wrote:

The work was done and due in the UK (£862) but the person that owes us the money, so other amounts for my 2 colleagues (lower amounts) has now moved to Germany and we don't know how to go about this but want a result. We discovered he's trying to get £20,000 from the magazine we were working for (he was a translator himself), so our debtor is also owed a lot of money and probably can't pay us...?






I ve been thinking that we need to ask for downpayments for our jobs.


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Sophie Marette  Identity Verified
Local time: 01:48
English to French
+ ...
TOPIC STARTER
??? what does it mean ? Feb 7, 2005

yonna wrote:

Sophie Marette wrote:

The work was done and due in the UK (£862) but the person that owes us the money, so other amounts for my 2 colleagues (lower amounts) has now moved to Germany and we don't know how to go about this but want a result. We discovered he's trying to get £20,000 from the magazine we were working for (he was a translator himself), so our debtor is also owed a lot of money and probably can't pay us...?






I ve been thinking that we need to ask for downpayments for our jobs.


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dnitzpon
Germany
Local time: 02:48
Dutch to German
+ ...
procedures Feb 7, 2005

Sophie Marette wrote:

The work was done and due in the UK (£862) but the person that owes us the money, so other amounts for my 2 colleagues (lower amounts) has now moved to Germany and we don't know how to go about this but want a result. We discovered he's trying to get £20,000 from the magazine we were working for (he was a translator himself), so our debtor is also owed a lot of money and probably can't pay us...?



I'm not sure if I understand the problem completely, but I can tell you a bit about the procedures in Germany:
* If you want to get money from someone in Germany (who doesn't pay out of free will) THE thing to do is to get the official adress of residency and a form called 'Mahnbescheid' (you can buy it in every stationery shop here, maybe it is downloadable somewhere as well), fill it out and send it to the district court of the residency area. they send it on to the person and then..
* If the person does not appeal, you will get a 'Vollstreckungsbescheid' and can go on. otherwise a court session will be scheduled to determine whether you have a right to the money. I'm not sure if you have to appear there personally, but I think it might be enough to provide written proof that he owes it to you. If you win in court you will get the equialent of a 'Vollstreckungsbescheid'.
* Then you can turn to the prosecutor and let him get the money from the debtor for you. This will only work if income or valuables in the possession of the debtor cover more than the basic needs.

Every step mentioned above requires you to pay the expenses of cort resp. prosecutor beforehand, but I don't think it will be much more than 10% of the sum in total (no guarantee, though - ask!). all of this will be charged to the debtor, that is, you will get it back IF you get he rest of the money back.


Another possibility is of course, to let a professional agency (e.g. creditreform) do all this for you, but that will be considerably more costly.

Good luck
Daniel


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xxxAdrian MM.
Local time: 02:48
French to English
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See a Solicitor & sue in England Feb 7, 2005

As I've mentioned before, see a Solicitor in the UK.

Debt collection in Germany may not mean launching a Mahnverfahren - not much use if your debtor is moving from country to country - but having an English writ for your money served 'out of the jurisdiction' i.e. outside the UK and in Germany. Then any judgment obtained in the UK can be enforced in Germany under EU-wide rules. See the UK Civil Jurisdiction & Judgments Act 1982.

The best way to safeguard yourself, as Yonna says, is money upfront in the future.

[Edited at 2005-02-07 22:41]

[Edited at 2005-02-08 20:04]


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TTilch  Identity Verified
Local time: 02:48
English to German
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Web site Feb 8, 2005

Hello,

Do you know some German and the web site http://www.optimahnoffice.de? It allows you to send a Mahnbescheid via the Internet. You will, however, need to understand German to use it.

Best regards,

Tanja


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TTilch  Identity Verified
Local time: 02:48
English to German
+ ...
More links Feb 8, 2005

Hello,

this site might also be helpful:

http://www.optimahnoffice.de/content/links.html

It leads you directly to the German courts that deal with debt collection matters.

Best regards,

Tanja


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