Need information urgently (how to be paid by a German customer)
Thread poster: baroni

baroni  Identity Verified
Local time: 04:06
Member (2004)
English to Italian
+ ...
May 2, 2005

Dear Colleagues,

I need urgently some information how to get paid in Germany if a customer wants to postpone payment terms.

In January I was contacted by a company (Ingenieurbuero) which proposed me to pay me after receiving the money from its end customer. (I asked for your opinion last January). I proposed them 2 months after invoicing and they answered back "2 months or as soon as the customer pays). Since this customer was recommended to me by an other translator, since they told me that the money would come immediately from XXX Cityhall, I translated their text. 2 months have passed and today they told me that their customer hasn't paid yet therefore they cannot pay me now.
I was very naive, but now I wondered myself if there were something like a "betreibungsamt" in Germany too like the one in Switzerland. Just to "push" them.
They told me they haven't invoiced their customer yet, but I would get my money 100%. Now the problem is when.

Any help/suggestion is welcome.



[Edited at 2005-05-02 15:34]


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dieter haake  Identity Verified
Austria
Local time: 04:06
Italian to German
+ ...
answer in German: May 2, 2005

Zuständig für gerichtliche Mahnungen an Kunden mit Firmensitz in Deutschland von Kollegen mit Arbeits- und Wohnsitz im Ausland ist das Zentrale Mahngericht (Amtsgericht Schöneberg in 10820 Berlin ( 030 901590"; siehe auch
www.berlin.de/senjust/gerichte/ag/)

didi


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E.LA
Spanish to German
+ ...
Rechnung mit Frist stellen May 2, 2005

Also in German:
Du solltest ihnen eine Rechnung zukommen lassen, in der du eine Frist setzt (2-4 Wochen), in denen du das Geld erwartest. Du hast deine Leistung erbracht, dass sie nicht bezahlt werden (was du nicht überprüfen kannst), ist nicht dein Problem.

Schon öfter wurden in diversen Foren die Mahnverfahren erwähnt. Ich kann davon nur abraten, da es sehr zeitaufwendig ist (und andere Nachteile hat). Wesentlich effektiver ist ein Brief von einem Rechtsanwalt, der das Geld fordert. Aber um einen Rechtsanwalt einzuschalten, musst du erst noch einmal ein konkretes Schreiben mit einer Frist zuschicken.
Darin sollte ausdrücklich stehen, dass die Leistung am XX.xx. geliefert wurde und du die Bezahlung für den xx.xx FORDERST.

Viel Glück.


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xxxMichaelRS
Local time: 04:06
Maybe wait a bit May 2, 2005

It sounds like you made an offer on payment terms, the company made a counter offer, and you accepted it by taking on the work. I got that from "I proposed them 2 months after invoicing and they answered back "2 months or as soon as the customer pays.

But as a practical matter, you may just want to wait a while. As I understand it, if the company raises any protest in the "Mahnverfahren", then everything takes the normal, slow, plodding legal course - meaning maybe a year or two. Legal actions also tend to harden up the other side; they get an attorney too, and all of a sudden find "problems" with your work that didn't seem to exist before.

Maybe their customer will pay in the next few weeks, and they really mean what they say. If the company otherwise had a good reputation, I think waiting a bit would be more prudent.


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baroni  Identity Verified
Local time: 04:06
Member (2004)
English to Italian
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TOPIC STARTER
They haven't invoiced yet May 2, 2005

Maybe their customer will pay in the next few weeks, and they really mean what they say. If the company otherwise had a good reputation, I think waiting a bit would be more prudent.[/quote]


This evening they told me they haven't invoiced their customer yet. At this point that's their business. If they send their invoice in 2 years after the end of the building yard, shall I also wait 2 years to see my money????


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xxxMichaelRS
Local time: 04:06
I agree - the customer should pay promptly. May 2, 2005

This evening they told me they haven't invoiced their customer yet. At this point that's their business. If they send their invoice in 2 years after the end of the building yard, shall I also wait 2 years to see my money????


I agree - a customer should pay promptly and it should have nothing to do with the arrangements on his end.

But sometimes you get into these situations and then have to do the most prudent thing. If you slam them legally right away, you may get your money even later. I've had that experience. He hardened up and I finally got about half my money (this was in the United States, not Germany) after a year and a half. My experience is that the wheels of justice turn just as slowly in Germany, if not more slowly.

[Edited at 2005-05-02 21:29]


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xxxMichaelRS
Local time: 04:06
Maybe May 2, 2005

Wesentlich effektiver ist ein Brief von einem Rechtsanwalt, der das Geld fordert.


Sometimes, if the people aren't experienced in business, but a letter from an attorney is just a letter from an attorney, and people experienced in business know that and they usually have their own attorney. In that case, it's schade um das Geld.


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baroni  Identity Verified
Local time: 04:06
Member (2004)
English to Italian
+ ...
TOPIC STARTER
May 3, 2005



[Edited at 2005-05-03 05:46]


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