BARBA & PARTNER RECHTSANWÄLTE – YOUR LAWYERS FROM MUNICH
We collect your outstanding claims efficiently, lawfully, and nationwide – both in and out of court – through experienced, specialized lawyers. Pre-legal debt collection is often underestimated. Early legal guidance at the start of a business relationship can be crucial to ensure that, should recovery become necessary, you are fully protected.
Many unpaid debts originate from poorly drafted contracts. Standard clauses to safeguard payments can be easily included at the beginning of a business relationship – but rarely after a dispute arises. A debtor has little incentive to accept post hoc changes to a favorable contract. Businesses often underestimate how much risk can be avoided through sound legal structuring. In practice, legal fees for enforcing a poorly structured contract are often significantly higher than the cost of early legal review.
A properly issued invoice is the foundation of any successful collection. Errors can allow debtors to delay or dispute payments. We offer a legal review of your invoices to prevent objections later. The cost for this service is minimal.
Dunning should be handled strategically. Many creditors send a “1st Reminder,” unintentionally signaling that additional reminders will follow. Legally, only one reminder is needed to trigger default. In some cases, no reminder is required at all. With the right contract terms, reminders can even be made unnecessary.
Many creditors end up in endless email exchanges with debtors, which often weakens their legal position. Concessions are made that lack legal effect. In pre-litigation debt collection, less is more. Engage a lawyer specialized in debt collection early on—this helps you avoid common pitfalls that could become costly during litigation later on.
Payment plans or deferrals can make sense – if the debtor adheres to them. But if breached, collection can be delayed or lost entirely. That’s why it’s critical that settlement agreements are drafted to protect the creditor. At this stage too, a skilled debt collection lawyer can strengthen your position.
If pre-legal efforts fail, we represent your interests in court with a clear view on costs and likely outcomes.
Sometimes immediate action is needed to prevent asset transfers. We file for injunctions or asset freezes to secure your claims quickly.
A fast and cost-effective way to obtain an enforceable title. We file the dunning request and, if needed, initiate enforcement proceedings.
Especially relevant for international business: the EU-wide system allows cross-border enforcement of undisputed claims.
If the debtor remains uncooperative, we pursue your claims in court – strategically and thoroughly prepared.
A fast-track procedure based on written evidence. Especially suitable for claims from contracts or invoices.
In international commerce, arbitration can be a valid alternative to state courts. We assess whether this option is appropriate for your case.
Once an enforceable judgment is obtained, the focus shifts to enforcement. We manage all aspects of the enforcement process – from bank account seizures to foreclosure on property – to ensure your claim is successfully recovered.
If your debtor files for bankruptcy, we represent your interests throughout the insolvency process – ensuring timely claim registration and protecting your rights as a creditor.
Do I need a lawyer for debt collection?
Yes. A collection letter from a lawyer carries more legal weight than one from a collection agency. In addition, only lawyers can fully represent you in court and enforcement proceedings.
How much does a lawyer cost for debt collection?
Fees are based on the value of the claim and are regulated by the German Lawyers’ Compensation Act (RVG). In many cases, costs can be recovered from the debtor once they are in default. We provide a clear cost overview before starting.
How quickly can I recover my money?
That depends on the debtor’s willingness to pay. Many settle immediately after receiving a legal notice. In more complex cases, we enforce claims through litigation if necessary.
We support you in setting up effective dunning and debt recovery systems. And we are ready to take over the full legal enforcement of your claims.
We provide legal advice to clients worldwide. Request a non-binding introductory meeting today.
We are glad to support you as your lawyers. Visit us at our locations, e.g. in Munich. Get in touch with us. We would also be happy to welcome you in a video conference via Google Meet.
Our law firm uses the most modern means of communication, so that you can obtain a virtual appointment with us at short notice, regardless of where you live. In this way, we are able to act for our clients throughout Germany and Italy.
