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Debt Collection Berlin:
English-speaking specialists
Do you have a debtor in Berlin who isn’t paying an invoice? Collection Company can recover your money for you.
As an international debt collection specialist, we know exactly what actions to take to ensure you get what you’re entitled to. We work with an extensive network of bailiffs, lawyers, and attorneys in Berlin. They are well-versed in German law and know all the possibilities in the field of debt collection.
- Nationwide coverage throughout Germany
- One dedicated English speaking contact
- Proven track record
- Tailor-made services for each case
- Expert advice and a transparent process
- 24/7 online access
Specialized in debt collection services in Berlin
Do you do business with clients in Berlin? It can be quite a shock if you’re not paid on time. How can you get your money when your debtor is in another country with another language and different customs?
Fortunately, you can enlist the services of Collection Company. We trace your debtor abroad and execute both out-of-court and judicial debt collections.
We leverage our network of lawyers, attorneys, and bailiffs in Berlin. They are well-versed in local customs and current German debt collection laws regarding debt collection. With their help, we bring your collection case in Berlin to a successful conclusion.
As a creditor, you will communicate with your own English-speaking contact person. In our Online Cockpit, you can track the progress of the process 24 hours a day, 7 days a week.
Would you like more information about the collection process? Then request a free and non-binding consultation.
Why use Collection Company for debt recovery in Berlin?
- Global coverage
- One dedicated English speaking contact
- Experienced debt collection specialists with knowledge of German legislation
- Broad network with local lawyers and bailiffs
- Seamless connection from extrajudicial to judicial action
- Effective local approach
- 24/7 tracking through your own Online Cockpit
Submit your claim now
Do you have money owed by a delinquent payer in Berlin? Submit your details and we will contact you shortly to discuss your case.
How does debt collection work in Berlin?
The debt collection procedure in Germany consists of an out-of-court (amicable) phase and a judicial phase and Germany has a special accelerated procedure (Mahnverfahren) for collecting outstanding claims. Due to the efficient German system, it is worthwhile to quickly switch to court proceedings if your debtor doesn’t pay. This process is much shorter than in most countries due to the accelerated procedure, making it much less costly and time-consuming.
However, debtors in Germany enjoy relatively high legal protection. Therefore, it is important to carefully build the case and follow the procedures meticulously.
Because we specialize in German debt collection and work with German lawyers (rechtsanwälte), we know exactly how to handle this.
- Upload your invoice online
- We'll start your case
- We'll start with the debt collection process
- Together we decide the best strategy for collecting your debts
- Monitor the status of your case 24/7
- Any questions? Your personal accountmanager will answer them all!
- Your invoice is payed
Amicable debt collection procedures
The extrajudicial debt collection process in Germany begins with setting a fristsetzung. This is a new, firm deadline for your debtor to pay the bill.
In Germany, it is customary to immediately inform the debtor that you will switch to a judicial procedure if they do not pay the bill within the new deadline.
With the fristsetzung, we give your debtor the chance to pay the bill without going to court. Additionally, we have written proof that we have claimed the amount owed to you.
We will also contact your debtor. We attempt this both by phone and via email, WhatsApp, or SMS. In total, there are 16 contact attempts with your debtor over a period of 3 weeks. During this time, we gradually increase the pressure.
Legal proceedings
In Germany, there is a special court for unpaid claims (the Mahngericht). Berlin has its own Mahngericht. At this court, we can initiate an expedited procedure to collect your claims.
To take legal action, we file a special application (mahnverfahren) in which we ask the judge for a payment order. The application outlines what the claim entails, its amount, and the involved parties. The court then serves the application to your debtor. The debtor has two weeks to file a defense. If they do not, the court will issue a payment order with an enforceable title (vollstreckungsbecheid).
If your debtor does contest the claim, they only have four weeks to submit their defense.
Should your debtor object to the claim, a full civil court procedure (klageverfahren) will follow. Claims up to 5000 euros are handled by the local court (Amtsgericht). Claims exceeding that amount are handled by the district court (Landgericht).
Cross-border claims
Moreover, it is not always necessary to collect your claim through the German legal system. Within the European Union(EU), there are various procedures for collecting cross-border claims. These are claims where your debtor resides in another country.
So, if you live in another EU country (or your company is based there) and your debtor is in Berlin, you can use these European procedures.
European Small Claims Procedure
Do you have a claim of 5000 euros or less? Then it is possible to use the European Small Claims Procedure. This is an accelerated procedure that is completely digital.
We can file your claim with the court in your country. The court will then ensure that your debtor is notified. Your debtor will have the opportunity to respond. If they object to the claim, they can submit evidence, and the court may schedule a digital hearing if necessary.
Based on this, the court will make a ruling. This judgment is enforceable throughout the EU (except in Denmark).
European Payment Order (EPO)
If your debtor in Berlin does not dispute the claim, but for example does not respond to your invoices and payment reminders – in other words, if there is an undisputed claim – it is also possible to request a European Payment Order (EPO).
For this, we can submit some standard forms to the designated court in your country.
The judge then issues a payment order. This payment order is handed over to your debtor. If he does not dispute it within the specified period, we can proceed to seize assets from your debtor based on this payment order.
How does the collection procedure work in Berlin?
Step 1
At Collection Company we use a smart collection strategy that is perfectly aligned with the German legal system. This allows us to collect your claim quickly and efficiently. We start with a short amicable procedure of up to 3 weeks. During this period, we contact your debtor 16 times and demand the claim through a fristsetzung.
Step 2
We gradually increase the pressure on your debtor. If your debtor refuses to pay, we notify them that we will take legal action. In Germany, there is a special “reminder court” (Mahngericht) with very efficient procedures for this purpose.
Step 3
If payment is still not made, we can enforce a payment order through this court. This allows us to seize assets from your debtor.
Enforcement proceedings in Berlin
If we obtain a payment order with enforceable status from the court, we can seize assets from your debtor. Seizing assets can only be carried out by a bailiff (gerichtsvollzieher).
To enforce monetary claims we must submit a request to the court. The court will then appoint the bailiff. German bailiffs have local jurisdiction only but with extensive powers to collect your claim. Debtors are, for example, required to cooperate or they can be detained or taken into custody.
A debtor is required to provide a statement of their full assets (vermögensauskunft). If they fail to do so or provide false information, they can be detained. Based on this statement, the bailiff knows exactly what assets can be seized.
Most debtors voluntarily pay the outstanding debt. The asset statement is publicly disclosed and remains visible for years, even to other parties. Banks and other companies are likely to avoid doing business with a party that has a history of poor payment behavior.
To avoid this, most delinquent payers settle their debts. If they don’t? The bailiff can seize income, bank accounts, and other assets from your debtor.
Bankruptcy procedure
If your debtor refuses to pay, it is possible in Germany to file for the bankruptcy of your debtor. This can be done if your debtor is unable to pay a claim. Both companies and individuals can be declared bankrupt in Germany.
Moreover, it is often not even necessary to file for the bankruptcy of your debtor. Many companies in Germany have the legal form of a GmbH (Gesellschaft mit beschränkter Haftung).
Every GmbH has a natural person as a director, the geschäftsführer. If the geschäftsführer acts negligently, he can be held personally liable for the company’s debts.
The geschäftsführer must, among other things, file for the GmbH’s bankruptcy if he has an imminent insurmountable debt (Überschuldung) or is unable to pay (Zahlungsunfähigkeit).
If one of these circumstances occurs, the geschäftsführer is required to file for bankruptcy within three weeks. If he does not, he will be personally liable for all the GmbH’s debts.
This makes debt collection in Germany considerably easier.
Advice about your case?
Fill in your details, and we will contact you immediately for a free consultation!
Legal fields of debt collection
As a specialist in international debt collection, Collection Company can collect various types of claims for you. For example, we collect outstanding invoices, but we can also recover compensation or ensure you get your money back in purchase disputes.
As an international debt collection agency, we are active in the following legal areas:
- Construction law
- Rental and leasing
- Buying and selling
- Labor law
- Agency agreement
- Transport
- Damages and wrongful acts
Our specialists also work for intermediaries such as law and accounting firms.
Other legal services
- Reliable advice on contracts and terms
- Credit information about companies in Berlin
- Disputes including issues like Retention of Title and right of recourse
- Mediating in reaching private settlements and agreements
Submit your claim
You can submit your claim directly to us via our debt collection registration form. Would you like to consult with a collection specialist first? Leave your details or call us at 070 – 762 0330.
Start collecting your debt
Submit your personal information and plan your free consult.
FAQ: Frequently Asked Questions about debt collection in Berlin
FAQ: What do we need for a debt collection in Berlin?
When you start a debt collection procedure with us, we would like to receive as many documents as possible related to the claim. This allows us to immediately build a case file. For example, we include invoices, sent payment reminders, contracts, and email exchanges with your debtor.
Of course, we understand better than anyone that it is possible you no longer have these documents. That is not a problem. You can simply submit your claim and discuss with our collection specialist what evidence you have for your claim.
If in your possession, we would like to receive the following documents:
- A copy of the agreement
- Email correspondence with a confirmation of the agreement
- A fax confirmation
- Your summary of what was agreed upon
- Invoices
- Reminders
- A copy of your general terms and conditions
- Any proof of delivery
FAQ: Do you need a lawyer for debt collection in Berlin?
To submit an application for a payment order to the Mahngericht a lawyer is not required. If your debtor objects to the payment order and a lawsuit follows, whether you need a lawyer depends on the amount of the claim. For claims under 5000 euros, a lawyer is not required; for claims above that amount a lawyer is mandatory.
Collection Company works with the best lawyers in Berlin. We enlist them to protect your interests if necessary.
FAQ: Which court will hear my case?
Germany has a special authority for requesting a payment order, the Mahngericht (the dunning court). If your debtor objects to the claim, a legal procedure will follow at the Amtsgericht (claims under 5000 euros) or Landsgericht (claims over 5000 euros). At the Landsgericht, a lawyer is required.
FAQ: What is the statute of limitations for claims in Berlin?
You cannot collect a claim forever. After a certain period, the claim expires. In Germany, the statute of limitations for regular claims is 3 years. This period starts at the end of the year in which the claim arose.
In addition to the general 3-year statute of limitations, there are different limitations for specific claims. For example, the transport sector has a statute of limitations of only one year. Claims related to repairs expire after 2 years. For building construction, the statute of limitations is 5 years.
Once you start a legal procedure, the statute of limitations in Germany is interrupted.
FAQ: Why not hire a debt collection agency in Berlin?
Collection Company has been managing debt collection cases in Germany for many years. We work with the best lawyers in Berlin. They are well-versed in the German legal system and the procedures we need to follow to collect your claim as quickly and efficiently as possible.
As a creditor, you do not have to communicate with your debtor and other parties in Germany yourself. This means you don’t have to deal with the language barrier. You have an English-speaking single point of contact that keeps you updated. Additionally, you can monitor the progress of the process yourself in our Online Cockpit.
Why 40.000 customers tried our services
- The #1 collection company in the Netherlands and abroad
- Regional & local specialists
- Years of experience with international invoices
- Your own personal contact
- Extensive advice on the legal process
- Monitor the status of your case 24/7
Meet our specialized legal team
Joost Konings LLMLaw expert- May Leung LLMLaw expert
- Wesley Boeters LLMInterim lawyer
