 Having unpaid invoices or unsettled claims is always horrible. At
year’s end, it is also time to take care of exactly that issue because
this account might otherwise become statute-barred.
What does that mean?
Well, every country has its own rules on the
temporary validity of claims. In Germany this means that your debtor
can successfully argue in court that your claim cannot be enforced
because it is too old – even if that is the only reason and all other
arguments are in your favor. This does not mean that your claim does
not exist anymore – in German legal understanding – but your debtor has
a defense in court.
Germans call this statute-barring “Verjährung”, to become
statute-barred, “verjähren”. The law here says that most claims will
become statute-barred after three years from the closing of the year in
which the right arose. In other words, if you have a claim from 2001 it
will usually become statute-barred after this year ends.
What can you do if your unreceived account is coming close to becoming
statute-barred? You will have to file a case in court. If the value of
your claim is more than € 5,000 then you must hire an attorney. There
are two ways to file a case in court in this exact situation: either go
for a quicker and cheaper summary proceedings (Mahnverfahren) or for a
normal case in court. Your case must only be filed before the turn of
the year, but not necessarily heard.
But this does not at all mean that it does not make sense to hire an
attorney to collect an old account. If the debtor has no legal counsel,
is not a businessperson, or simple-minded then you can try suing him.
Then, and only then, do you have a serious chance of winning, because
you can hope and / or expect that your debtor will not countermand your
claim.
If I can help you in collecting outstanding payments, please contact me
ASAP! I have a special agreement on financing the enforcement, which
means you don't have to throw the helve before the hatchet.
 Alexander Baron von Engelhardt - Foreigners Attorney based in Berlin, specialising in domestic,
international, civil and commercial law. He also provides counseling
for start-ups.
Wilhelmstraße 94, D-10117 Berlin
Email:
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Website: www.Rechtsanwalt-AvE.com
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