Law Firm Feinen - Your partner in debt collection and commercial law
- Debt Collection all over Germany, Austria, Switzerland and Europe
- out of court service - no cure, no pay
- 25 years of experience
For more detailed information please visit also our website: debtcollectioningermany.com
or check our new App (iOS/android/windows phone):
WhatsApp (Chat): Kanzlei Feinen
Please send your claims and unpaid invoices to: Fax 0049221-16844619 or E-mail debtcollection(ad)gmx.net
Law Firm Feinen, Köln, Cologne, Germany, would like to take the opportunity to introduce our office and our legal services.
The facts: Your partner in Germany tries to delay payments by promises, false allegations about his bad financial situation, excuses and far-fetched legal objections like defective of goods a.s.o..
Your attempts to force him to payment by phone calls and emails failed.
We are at your service for all kind of claims like purchase price, all claims based on contract law or commercial law, private or business loans, damages and indemnification, enforcement of judgments of your country.
Consumer debts - Commercial debts
We assist you in debt collection of claims more than 100 Euro/ 150 USD.
Our fees and conditions:
Out of court: no upfront fees
Out of court proceedings are free of charge for our clients ("no cure, no pay").
As our client you come up to pay nothing in out-of-court-activities (prelegal proceedings). In case of success in collection we only charge for a contingent fee only from the collected amount. The range is 1,5% - 5% (details on your request).*
If the debtor does not react or refuses to pay court proceedings are to recommend by lack of further legal options to force him to payment out of court.
Before starting any court proceedings we request for your consent and try to get information about the solvency of the debtor.
We kindly ask for your understanding, that court fees cannot be covered by our office, meaning that the client has to provide us with the court fees in advance.
The court fees relate to a legal table, which is binding by law. The amount depends on the amount in controversy (amount of claim). The same applies for Lawyer fees.
You can find the legal table below - Table 2.
You also find explanations how to calculate the fees in your case.
Besides the legal table we offer to keep your fees small.
Background is that it is often possible to achieve a writ of execution/judgment and to collect the debt without investing regular fees (in legal dunning proceedings, court summons, "order to pay a debt").
The debtor is obliged by law to refund all court and lawyers fees, if he is defeated in the lawsuit. Hence, all fees and costs are basically recoverable from the debtor.
Conditions for our special offers in court proceedings:
Claims upt to 5.000,00 EUR: We check if it is possible that you pay no fees at all. As a stringent condition the following requirements must be fulfilled in any case.
Otherwise you pay only a small fee as follows:
We only charge a small fee like mentioned in Table 1 in court proceedings
- as long as no legal remedies are taken by the debtor.
- the debt is not contested (no legal relevant objections out of court like defect of goods, bad quality, breach of contract, partial delivery, malperformance, late delivery, counterclaims etc),
- we dispose of a valid postal address and all contact details of the debtor (phone, fax, mobile, email, website) are available,
- we dispose of all documents like invoices, delivery notes, proof of delivery, correspondence and
- the debtor still is solvent.
Furthermore it is possible to free you from any costs to start court proceedings if you accept a higher commission/success fee (10-25%) to cover our risks.
Please ask for your individual offer for free!
In all other cases (especially the debtor contests the debt by using legal relevant objections like defect of goods, malperformance, late delivery, breach of contract, counterclaims etc.) we charge in accordance with the legal table for Court and Lawyer Fees mentioned in Table 2.
Please ask for your individual offer for free!
Our collections process is due to more than 25 years of experience with outstanding payments. Our workflow is being constantly improved to include legislative changes and also the latest technological innovations that can benefit our clients (e.g.: consultation and transmission of files by Internet, databases, email, etc.).
Our Lawyers would like to assist you in all legal and court matters all over Germany and Europe (in English language), especially in the area of debt collection and commercial law as well as in all areas of civil and procedural law. In addition the field of international purchase law (international sale of goods) is absolutely important for our work.
Our Law Firm and debt recovery agency is primarily dealing in the area of collecting outstanding debts (bad debts) in Germany -and all European countries as well- and the international conducting of lawsuits.
Our Lawyers are called to the bar at every court in Germany.
For more than 25 years we have been working for numerous foreign companies in the field of claim management and took over the debt collection for French, Italian and English export credit insurance companies. Therefore our Lawyers are familiar with their handling and requirements in bad debt collection proceedings. We serve industrial, commercial and service-providing firms as well as private individuals.
Our Office combines modern debt collection proceedings (debt collection agency) with subsequent court proceedings if necessary - all proceedings are in one single hand. Your case is always related to one office - from the first request for payment (dunning letter, reminder) until payment in enforcement (execution proceedings, levy of execution).
- Your legal representative on the homeground of the debtor
- out of court proceedings, court proceedings and enforcement in one single hand
- modern and effective workflow in processing of your claims and communication guaranteed
- 4-stages proceedings to collect the debt
- out of court "no cure, no pay" - in out of court proceedings no additional fees and expenses in contrast to debt collection agencies in Germany
- in court proceedings we can offer favorable, competitive terms and reasonable fixed-rates for our services. Please note that the debtor has to take over all our fees and court fees in case of a judgment to your favour.
- additional background information in each stage of proceedings (e.g. bankruptcy proceedings)
- we are called to the bar all over Germany
- business information about your debtor or your future business partner (from 10,00 EUR for address check of the debtor, comprehensive credit report 60,00 EUR
Please note that success of collection is depending on all information about the debtor like full postal address, full name, legal form (corporate company or individual), email accounts, websites, TelNo. and Fax.No., bank details of the debtor and the documentation the client provides us with.
Please notice our detailed information concerning our conditions and course of court proceedings here>>
For information to bankruptcy and administration resp. insolvency proceedings please read here>>
* In case of any direct communication and settlement between the client and the debtor we charge a commission fee of 10% of the amount paid in any case, not less than 120,00 EUR.
Skype call: debtcollection
Our email contact:
Please order your inquiry and pay by PayPal:
Fee structure in court proceedings:
We would like to point out that in Germany the unsuccessful party in court proceedings has to pay all fees and costs of the court and lawyer fees by Law.
Therefore the debtor has to take over and to refund all fees (including court fees) in case of a judgment to the favour of the client.
The amount of the court fees depends on the sum in dispute (amount in controversy, amount of the claim, interest and costs excluded). The plaintiff has to pay court fees in advance.
1. Step: The following fees are to pay for initiating and conducting court proceedings with reference to our offer (see above):
amount of the debt up to
2. Step: In case the debtor objects in court proceedings and takes legal remedies we charge the difference to the regular court and lawyer fees mentioned in the following table.
- Nevertheless we always can offer favourable and competitive conditions of Lawyer fees on your request.
At this stage of proceedings we have to check the legal position in-depth, have to file a Statement of Claim in detail and further pleadings to the court, have to present documents and proof to the court, have to refute the assertions of the debtor in detail and have to attend to court hearings.
To estimate fees in court proceedings the amounts of the red marked lines/rows of the legal table below are to add (see last column "in total").
In court proceedings Lawyer fees are amounting as follows: for initiating/institution and performing/conducting court proceedings a German Lawyer is entitled to charge:
- a 1,3 fee (initiating proceedings - all communications, discussions with the client, research of facts and information, preparation of Statement of Claim, pleadings, applications) and
- a 1,2 fee (conducting of court proceedings, all court hearings, communication with the client and the counterparty)
related to the legal table like performed in the schedule mentioned below.
Here you find the legal table for Court and Lawyer's Fees (extract).
For court proceedings please add up the amounts of the red marked line/row.*
Table 2 - legal table Germany
sum in dispute EUR
amount of your claim
*not included: expenses for copies, translations, expert fees, travel expenses (court), court hearing (150,00 EUR-350,00 EUR), costs and fees of enforcement proceedings (like bailiff, seizure of bank accounts etc.).
To calculate the worst-case-risk (you would lose the case in total) you have to consider 3 steps:
1. Choose the line of your claim
2. Add the amounts in the line marked in red
3. Add (only) Lawyer's fees once more (fees of the opposite Lawyer)
Example: Your claim 13,150.59 EUR
1. Choose the line of your claim: it is the line "up to 16,000.00"
2. Add the amounts in red (3 per line): 879.00 + 780.00 + 845.00 = 2,504.00
3. Add (only) Lawyer's fees once more (fees of the opposite Lawyer):
2,504.00 + 780.00 + 845.00 = the risk is 4,129.00 EUR
Please note that we are able to represent your interests all over Germany. Our Lawyers are called to the bar at every court in Germany (except BGH).
In case of payments of the debtor (esp. instalments) we firstly deduct our fees and costs and pay out all exceeding amounts to the client. When the debt is paid in total the client obtains the principal claim, interest and the advance he paid to us (f.e. for court fees).
If the debt is not paid in total because it is not possible to enforce the total of the debt anymore (the debtor is not solvent any more, no assets to enforce in) or an agreement about the amount of the debt is concluded the client obtains all payments exceeding our legal fees.
If there is a proposal to pay a flat sum to settle the total claim the debtor regularly would have to pay this amount plus our fees or all additional costs. In general this is not the intention of the debtor: he proposed to settle the total of the claim by payment of a fixed amount don't mind whether this amount includes Court fees, Lawyer's fees, costs of the client or the Lawyer. This is the character of such a proposal.
Therefore the client has to keep in mind that the Lawyer is to be paid and that he has to bear the fees by deduction from the agreed amount.
Hence, in case of an agreement it is to consider to heighten the total amount to include our fees.
Therefore we have to reserve to charge our fees In case of 1. necessary court proceedings and 2. the debtor appeals to the court or raises legal objections in court proceedings (like defective goods, delay in performance, malfeasance, malperformance …) or 3. if it is obvious that we cannot cover our fees by the debtor because of lack of assets to enforce in. The same applies if the debtor refuses to pay our fees and the client does not wish to collect them further on from the debtor by legal means.
Our new App for all platforms: IOS, Android, Windows Phone, see here>> or scan the code:
1. PoA (proxy/letter of attorney) (*important information)
- PoA German/English version: full proceedings (usual) here-->
- PoA only English version: here-->
- PoA German/English (out-of-court) here-->
- PoA only English (out-of-court) here-->
- PoA Draft to see what is to fill out: here-->
2. Our course of proceedings in debt collection in Germany here-->
3. Background information legal proceedings in Germany in relation to debt collection (please contact us by email, we will send it to you immediately)
4. Flyer bankruptcy proceedings, insolvency proceedings: here-->
*Power of Attorney/PoA/Proxy:
The debtor and – in enforcement proceedings – the bailiff or the court often requests to present an originally signed PoA of the client.
A PoA is document, a certificate of authority, which proofs that the client has mandated the attorney to act on his behalf. The debtor or the bailiff must be certain that the attorney is in fact entitled to act on behalf of the client, to claim for the debt, to initiate court proceedings and – this is often most important – to receive payments of the debtor.
The debtor regularly is interested that the attorney is authorized to claim for the debt or to receive payments as if the debtor would pay to the client directly (full power of attorney).
Regularly it is not a legal requirement to present a PoA. But if the debtor/bailiff/court requires to present a PoA we must – otherwise the debtor can ignore our letters and claims like nothing has happened.
Therefore we always recommend to sign and send back PoA by e-mail plus by mail (original) to avoid discussions with the debtor, bailiff or court about our mandate.
If it becomes necessary to terminate a contract it is legally indispensable to provide the debtor with a signed PoA.
The same is in bankruptcy proceedings: The administrator requires to present a PoA in each case.
The PoA is to present to the debtor or to the court/bailiff and not an agreement, contract or a document changes conditions or establishes conditions between the client and attorney not agreed before.
The PoA has to inclose:
- Full name of the client
- Full name of the debtor
- the matter f.e. the invoice No. … or contract …
- the rights the attorney is entitled for (full power of attorney).
- Name and signature especially the full name of the legal representative of the client (company) like Manager, CEO or MD
Our draft is in German anf English language, both with identical content. It is to know for the client what he entitles the attorney for and it is for the debtor/bailiff/court to see what the the Attorney is entitled for. The client can read in English which rights he grants to the attorney and the debtor can read in German what the attorney is entitled for.
Therefore it is not sufficient that a different party than the client signes the PoA or to send only the second page of our draft. It must be the creditor, the contractual partner who issues the PoA and it must be obviously in which case the client authorizes the Attorney to act.
We will be glad to answer your questions and provide further information to you at any time.