Your German Debtor asks for Relief from Payment?

Then you should use this opportunity to obtain a so called “abstraktes Schuldanerkenntnis” (an autonomous acknowledgement of debt) from your German debtor. This is sometimes also called “selbstständiges Schuldanerkenntnis” or “Schuldversprechen”.

In other words: You agree to grant the debtor a moratorium (or a deferred payment) of a few weeks or months, but only under the condition that the debtor signs a Schuldanerkenntnis (a formal “I owe you”).

Such a written debt acknowledgment according to section 781 German Civil Code improves the legal position of the creditor tremendously in case the debtor still does not pay after the delayed payment deadline. Firstly, this is because you can then sue the debtor in a so called “Urkundsverfahren”, which is an accelerated procedure under section 592 German Civil Procedure Rules in court. Secondly, the debtor is no longer allowed to raise objections against the validity of the initial debt.

However, such a debt acknowledgement is only accepted in court if it is in writing, i.e. it needs to be a physical document and contain the (“wet ink”) actual signature of the debtor acknowledging the debt. Emails or scanned signatures are not valid. Thus, you need to have the debtor sign the document (ideally in your presence) and you need to then obtain the original version of that IOU for your files, because you will have to submit the original document to the German court should you later decide to sue the debtor in the accelerated Urkundsprozess.

This is a very brief and simple example of a “Schuldanerkenntnis” (obviously we do not accept any liability and do not recommend that you use such a template without obtaining proper legal counsel first).

More information on litigation and legal fees in Germany is available in these posts:

For more on German business and corporate law see these posts:

– – –

Experts on German-British and German-American Legal Matters

Since 2003, the German business and corporate law firm Graf Partners LLP specialises in British-German and US-German legal cases. Our German business and corporate lawyers are native speaker level fluent in English, have many years of practical experience with clients from Britiain and the USA and are part of a well established network of law, tax and accounting firms.

Managing partner Bernhard Schmeilzl was admitted as German Rechtsanwalt (attorney at law) to the Munich Bar in 2001 and specialises in international cases ever since, with a focus on German-American and German-English commercial, corporate and also probate cases. In addition to obtaining his German legal exams with distinction, he also graduated from the English University of Leicester where he obtained his Master of Laws degree in EU Commercial Law in 2003.

In 2014, Graf Partners LLP has set up the international litigation department GP Chambers which focuses on providing professional litigation services to British and US-American clients, both on a commercial and a private client level. The Graf Partners litigation lawyers regularly appear before German law Courts throughout the country and provide specialist legal advice, support and advocacy services in all commercial and civil law matters, ranging from contract disputes, corporate litigation and employment, to damage claims, divorces and contentious probate. If you wish us to advise or represent you in a German or cross border case, or if you need an expert report on German law, please call +49 941 463 7070.

Forensic Accountant for Business Litigation in Germany

You need to understand German company accounts?

In order to win a business or corporate law suit, understanding the numbers is often equally important as knowing the legal aspects of the case. The same is true if you plan to acquire a German business. Thus, the German-British litigation lawyers as well as the M&A experts at Graf & Partners (www.grafegal.com) regularly team up with German forensic accountant Hermann Werle.

Hermann obtained his degree in business administration from Regensburg UAS in 1982. Throughout his 25 year career he then worked as inhouse accountant, head of controlling, CFO and company director / CEO for renowned German and international companies and was involved in a number of mergers including Mallinckrodt, Sherwood Davis & Geck and U.S.-Surgical. Thus, Hermann gained a wealth of professional experience in various industrial sectors. While his core competence is finance, he also has practical experience in HR, IT, purchasing, warehousing and distribution.

In 2014, Hermann set up his own financial consultancy firm and provides professional advice to German and international firms, often in collaboration with the German and British litigation lawyers of Graf & Partners. His main focus is on the areas:

  • forensic accounting in cross-border litigation cases and
  • German-British and German-American merger & acquisition deals (financial due diligence)

We have worked with Hermann Werle on dozens of business litigation cases as well as international mergers. Our German as well as our international clients have always been extremely impressed by his skills, in particular his ability to break down and explain the most complex situations to non-accountants, i.e. to litigation lawyers and judges.

More information on litigation and legal fees in Germany is available in these posts:

For more on German business and corporate law see these posts:

– – –

Experts on German-British and German-American Legal Matters

Since 2003, the German business and corporate law firm Graf Partners LLP specialises in British-German and US-German legal cases. Our German business and corporate lawyers are native speaker level fluent in English, have many years of practical experience with clients from Britiain and the USA and are part of a well established network of law, tax and accounting firms.

Managing partner Bernhard Schmeilzl was admitted as German Rechtsanwalt (attorney at law) to the Munich Bar in 2001 and specialises in international cases ever since, with a focus on German-American and German-English commercial, corporate and also probate cases. In addition to obtaining his German legal exams with distinction, he also graduated from the English University of Leicester where he obtained his Master of Laws degree in EU Commercial Law in 2003.

In 2014, Graf Partners LLP has set up the international litigation department GP Chambers which focuses on providing professional litigation services to British and US-American clients, both on a commercial and a private client level. The Graf Partners litigation lawyers regularly appear before German law Courts throughout the country and provide specialist legal advice, support and advocacy services in all commercial and civil law matters, ranging from contract disputes, corporate litigation and employment, to damage claims, divorces and contentious probate. If you wish us to advise or represent you in a German or cross border case, or if you need an expert report on German law, please call +49 941 463 7070.

English Speaking German Lawyers and Litigators based in Munich

Experienced German Legal Counsel for British and American Clients

Since 2003, the German law firm Graf Partners LLP with its headquarters in Munich specialises in British-German and US-German legal cases. Not only are the German lawyers at GP fluent in the English language, but they have many years of practical experience gained by working for commercial and private clients from Britain and the USA. From conveyancing of German property, drafting international agreements, representing foreign clients in German courtrooms and preparing expert reports and legal opinions on German law for British and American courts. We know what English and American clients expect from their German legal counsel. We do not simply explain the German law but we focus on the – sometimes very significant – differences, especially when it comes to German civil procedure rules.

Bernhard Schmeilzl_crop1Managing partner Bernhard Schmeilzl was admitted as German Rechtsanwalt (attorney at law) to the Munich Bar in 2001 and specialises in international cases ever since, especially German-American and German-English commercial and probate cases. In addition to obtaining his German legal exams with distinction, he also graduated from the English University of Leicester where he obtained his Master of Laws degree in EU Commercial Law in 2003. But do not mistake Bernhard for a German lawyer who focuses merely on German-British legal matters.

While Bernhard is well acquainted with the ways of English solicitors and barristers and their respective ways to go about a case, he is even better equipped to team up with United States attorneys at law. And this is not just from from watching the TV series Suits or Better call Saul (which he does), for that matter. Bernhard has lived, studied, coached baseball and worked in the USA on a number of occasions. His history of extended stays in the United States goes back as far as 1990 and 1993, when George Bush (the father) was President. Bernhard can therefore rely on a network of friends and business partners across the USA, especially in New York and New Jersey as well as in California.

In 2014, Graf Partners LLP has set up the international litigation department GP Chambers which focuses on providing professional litigation services to British and US-American clients, both on a commercial and a private client level. The Graf Partners litigation lawyers regularly appear before German law Courts throughout the country and provide specialist legal advice, support and advocacy services in all commercial and civil law matters, ranging from contract disputes, corporate litigation and employment, to damage claims, divorces and contentious probate.

So, if you need a German lawyer who did not just have English in school, but who really speaks your language and knows where you are coming from, contact the experts on German-American and German-British law:

gp-logoa German limited liability partnership of German lawyers admitted to the Munich Bar Association (Rechtsanwaltskammer) with the right to represent clients in all courts of law throughout Germany, registered with the District Court Munich, Partnership Register Nr. 438, represented by its managing partners Bernhard Schmeilzl and Katrin Groll.

Our central switchboard number in Germany is: +49 (0) 941 463 7070

For more information about civil litigation in Germany see these posts:

For more information on cross border probate matters and international will preparation see the below posts by the international succession law experts of Graf & Partners LLP:

More information on buying property in Germany, the German Land Registry, the German conveyancing process and the rights and duties of tenants and landlords in Germany is available in these posts: