Category

Debt collection

Civil actionContract TemplatesDebt collectionGerman LawGoing to courtLitigation in Germany

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…
Bernhard Schmeilzl
January 24, 2018
Civil actionDebt collectionGerman LawGerman Tort LawGoing to courtLitigation in Germany

Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert…
Bernhard Schmeilzl
December 8, 2017
Civil actionDebt collectionGerman Corporate LawGerman LawGerman Tort LawGoing to courtLitigation in Germany

Pursuing Legal Action in Germany?

You found the German law firm perfectly equipped to address your legal needs in Germany Since 2003, German law firm Graf & Partners specialises in providing legal advice and litigation services to British and American clients. Our international litigation lawyers run the leading expert law blog on German civil litigation rules in English language: www.GermanCivilProcedure.com The majority of our clients come from Britain, the USA or other English speaking countries and are in need of pursuing…
Bernhard Schmeilzl
March 15, 2017
Business in GermanyCivil actionDebt collectionGerman Corporate LawGerman LawGoing to courtLitigation in Germany

Pitfalls of German Law (Part 2)

Be careful when suing a German Kommanditgesellschaft (KG), an Offene Handelsgesellschaft (OHG) or a Gesellschaft bürgerlichen Rechts (GBR) The single most common mistake foreign claimants and their non-German litigation lawyers make when taking a German business to court is that they only sue the partnership itself and not the personally liable partners (persönlich haftende Gesellschafter). To avoid any misunderstanding: This post deals with German partnerships (Personengesellschaften) as debtors, not with German limited liability companies (GmbH)…
Bernhard Schmeilzl
March 15, 2017
Business in GermanyCivil actionDebt collectionGoing to courtLitigation in Germany

Dodging Debts by Moving to the UK?

Has your German debtor moved to the UK and declared himself or herself bankrupt under the UK / British insolvency rules? Since we specialise in British-German legal matters, our firm very often gets enquiries from German individuals, companies or banks regarding a situation whereby a German individual has moved to the United Kingdom and declared bankruptcy in order to avoid paying their debts and liabilities back in Germany. Even further, it is quite common that…
Bernhard Schmeilzl
March 10, 2017
Debt collectionGerman Law

For how long can a Creditor demand Repayment of a Loan under German Law?

How does German law treat loan agreements that state no specific repayment date? Germans have the saying "Bei Geld hört die Freundschaft auf" which loosely translates as "it's better not to mix friendship and money matters". Friends or relatives do borrow money though. What often causes problems is that the parties feel uncomfortable about creating a formal, written agreement. The approach tends to be: "We are good friends and trust each other, therefore we do…
Bernhard Schmeilzl
April 8, 2015
Debt collection

How Assets are distributed to Creditors through Corporate Insolvency

General principles of asset distribution in insolvency (UK) By definition, an insolvent company does not have sufficient assets to pay in full all the liabilities that it owes to its creditors. Accordingly, one of the primary functions of both administration and liquidation of a company is to realise the assets of the insolvent company and to distribute those case realisations made from those assets among the insolvent company's creditors. The Insolvency Act 1986 and Insolvency…
Elissa Jelowicki
February 25, 2015
Debt collection

Need to Chase a Debt in the UK but Fear the Debtor is Insolvent?

Your quick guide to the basics of Personal Insolvency in the UK The two main insolvency procedures available to insolvent individuals in England and Wales are: (i) Bankruptcy and (ii) Individual voluntary arrangements. This note will focus on bankruptcy and not individual voluntary arrangements. What is bankruptcy? Bankruptcy is a process by which the assets of a debtor are realised and distributed amongst his creditors. The main features of a bankruptcy are: The debtor's beneficial…
Elissa Jelowicki
November 13, 2014
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 2014
Civil actionDebt collectionGoing to court

How expensive is a German Lawsuit?

Mandatory Legal Fees in German Civil Law Matters We have shown here that chasing a debt in Germany is fairly easy and quick. While we also explained the basic rules regarding court and lawyer fees in section 3 of said article many readers ask us how much an actual lawsuit will cost them. Thus, here a more practical approach to that question, explained by the German litigation experts of Graf & Partners (GP Chambers): The…
Bernhard Schmeilzl
November 11, 2013