As a lawyer and business economist, I know my way around the business world. I can therefore not only help you to assert your legal interests in receivables management, but also avoid many problems in the long term with foresight. In a detailed initial consultation, I will be happy to draw up a customised strategy for enforcing your claims in your current case. The aim is always to reach out-of-court settlements as quickly as possible in order to prevent you from suffering economic losses.
We are also happy to check your business documents for potential improvements or legally problematic formulations. Problems in the dunning process and the collection of receivables can often be countered proactively so that processes are simpler and smoother in future. We will be happy to help you here.
Contact us for legal advice/initial consultation - in person, phone, video call.
A lack of payment behaviour can quickly cause problems for any entrepreneur or self-employed person. Even though Germans are still known as the people of savers, the financial reserves readily available to most Germans today are rather small. Their own turnover is often already immediately budgeted for again and a lack of this expected income can even quickly threaten their own entrepreneurial existence if they themselves have creditors to serve. Of course, it is not necessarily intentional if a debtor does not service their debts, but there are usually tangible reasons for this. However, the methods used by the debtor are almost always the same. Deadlines are maximised or ignored completely, there is no response or only a delayed response to reminders and dunning letters, attempts are generally made to play for time and the creditor's legal inexperience is often mercilessly exploited.
The structure and form of reminders are subject to specifications and these are often difficult for the creditor to understand. Psychology also usually works in the debtor's favour. Playing for time initially has no disadvantages for the debtor, but for the creditor it means stress and additional work - and in the case of self-employed individuals, even unpaid extra work. Larger companies can assign their own employees to receivables management, but of course the majority of small businesses cannot do this. Here, reminders and receivables have to be handled by the company itself or by its own accounting department.
In practice, the same thing can be seen time and again: the more reminders you send a debtor, the less they are impressed by them. This is because concrete claims usually require concrete threats of consequences.
It is even very incomprehensible why many entrepreneurs only instruct a lawyer to send reminders and collect debts at a very late stage, as legal fees can be passed on directly to the debtor in the case of justified claims. If invoices are formally correct and include specific payment terms, there is no need for a great deal of personal effort to collect the debt.
A lawyer's reminder automatically makes a greater impression than personal reminders, as the debtor must expect concrete consequences if the deadline is missed and, of course, ever-increasing additional costs. The lawyer's job here is to find an out-of-court solution for the creditor as quickly as possible. He can also weigh up the interests involved - e.g. complete default of payment versus agreement on payment by instalments. Should the matter ultimately go to court, you will already have a legal advisor who is fully familiar with the specific case at your side.
A lawyer for debt collection, reminders and receivables management also has a whole range of other positive ‘side effects’. On the basis of specific disputes, he can also specifically identify weaknesses and errors in your own invoice management and rectify them. Many disputes regarding outstanding receivables can often be avoided by improving invoices or general terms and conditions.
However, it can be problematic if the creditor first calls in a debt collection agency and then a lawyer if they are unsuccessful. In this case, the debt collection agency's costs cannot be charged to the debtor. So it's better to go to a lawyer first!
The psychological advantage remains on the debtor's side for a long time, because by ignoring reminders and deadlines, he initially has no disadvantages to fear. For the creditor, on the other hand, sending reminders is stressful and time-consuming. For the self-employed or micro-enterprises in particular, time expenditure is also immediately synonymous with financial expenditure. Simple formal errors can benefit the debtor, as the creditor generally has no legal expertise.
The costs for the lawyer are charged to the debtor for justified claims. In this respect, it is incomprehensible why many creditors only involve a lawyer with their claims at a very late stage. You even run the risk of being stuck with certain costs, for example, if you first involve a debt collection agency and only then a lawyer.
The lawyer's task in receivables management is primarily of a representative and formal nature. His reminders are free of formal errors that could delay the collection of the debt. Legal reminders also increase the pressure on the debtor, as there are direct financial consequences (payment of legal fees) and the risk of legal action. Last but not least, an experienced lawyer can also better suggest and implement alternative payment models (instalment payments, etc.) if the payment problems also have a concrete financial background. However, the approach is always very individual. We would be happy to advise you personally on your debt collection and receivables management.
There will always be people who can't or don't want to pay. This entrepreneurial risk cannot be eliminated. However, having clean and legally compliant documents (contracts, invoices, delivery notes, general terms and conditions) will definitely reduce the risks that make receivables management complicated or protracted in retrospect. As a lawyer, I will also be happy to help you with this task.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise in debt collection and reminder in Munich.
+49 (89) / 139 284 10