We collect outstanding and overdue debts at first extrajudicially. We contact e.g. debtors individually with your permission by mail or email requesting the payment. It is also possible to contact the debtors by phone.
Already at this stage we manage any further (also contested) correspondence with the debtors, conclude instalment payment or deferment agreements. Additionally, we monitor appointments and deadlines.
We conduct investigation of place of residence/business, obtain creditworthiness information and represent your interests also in insolvency or criminal proceedings in case of data abuse and fraudulent inducement.
If the extrajudicial enforcement proceedings are not successful, we initiate on your behalf judicial enforcement proceedings, starting with the simplified (cost-efficient) enforcement procedure.
In case of an objection against a court order in these proceedings we follow through by filing lawsuits nationwide at the compentent court in civil and/or commercial matters.
Before initiating judicial enforcement measures, however, we carefully evaluate in detail whether the respective claim can be based not only on any contractual agreement but also in torts.
And finally, we commence compulsory execution proceedings according to an issued enforcement order or a delivered final judgment. Even at this stage we contact the debtor(s) once more extrajudicially before initiating compulsory enforcement measures to reach a cost-effective solution or payment arrangements in favour of our Clients.
the debtor nevertheless is not willing to pay, we exhaust all possibilities of foreclosure proceedings. In addition to the common measures such as:
we also offer to file insolvency applications and criminal charges. We have extensive experience in exhausting all legal and professional means to enforce final judgments or court orders, even arbitration awards.
Likewise, we take care of accessory actions as required for the afore-mentioned stages of judicial proceedings. We undertake long-term monitoring of claims if it is foreseeable that they cannot be fulfilled promptly or according to an instalment payment agreement.
We offer you comprehensive and reliable advice in German and International Business Law as well as international business law and sales law (for instance, in the field of Rome I, Rome II, Brussels I and Brussels II Regulations and the Vienna Sales Law – 1980 UN Convention on the International Sale of Goods / CISG). In this regard important role always play issues regarding E-Commerce and Intellectual Property (for instance, registration of trademarks nationally and abroad). Thereby we professionally accompany(or assist) you in choosing a suitable business model, including European company forms, and through all phases of company registration till contract drafting as well as by all legal issues of everyday business, including transborder (international) matters. Likewise we consult you regarding individually the most suitable business set-up for example in case of restructuring or optimisation.
Furthermore we offer substantiated counselling regarding inheritance management in one’s lifetime as well as national and international law of succession (i.a. in accordance with EU Succession Regulation, Nr. 650/2012). In this regard, a particular role can play law of trust and law of assocciations.
Moreover, we offer you thorough legal analysis in case of infringement of your human and fundamental rights and submit on your behalf a claim in appropriate cases to the German Constitutional Court in Karlsruhe or to the European Court of Human Rights in Strasbourg.
We always offer you detailed advise on in your individual situation optimal alternative dispute resolution method (“ADR”), whereat we prepare for you different strategies. Out-of-court settlements as a rule provide you with more efficient and longer lasting results than settlements of disputes in a public court. Our certified mediators are specialised in business, family as well as international and intercultural Mediation based on European Mediation Code of Conduct of 2004. If required, we can, in most cases also at short notice, act as professional and independent mediators and arbitrators.
Finally, we prepare for you substantiated scientific expert opinions on German and International Private Law, Sales Law and Company Law in accordance with the recommendations of the DFG (“Good Scientific Practice 1998/2013”). They can be on comprehensive facts of the case, individual questions or merely short legal second opinions.
Our goal is always to give our clients fast, fair and efficient counsel in each individual case.
Our boutique law firm has an excellent network and offers comprehensive advise from a single source for corporate clients as well as individuals. From contract drafting and claim enforcement till efficient settlement of disputes (both in court and out-of-court) and claims management: law firm Brandes Rechtsanwälte offers a comprehensive spectrum of legal services. A particular emphasis of the firm’s legal services lies on international business law as well as international private and sales law.
Specializes since 1999 in the fields of collection of debts and foreclosure proceedings, since 2004 - exclusively under his own letterhead.
At the same time he is a partner and associate in the law office BERNZEN SONNTAG Rechtsanwälte und Steuerberater (with the place of business in Hamburg) in such areas of expertise as:
Languages: German, English.
Costs and fees of our commissioning comply with the Attorneys´ Remuneration Act (RVG). In case of overdue claims debtors are as a rule obliged, considering the delay, to bear also the costs for commissioning an attorney. Particularly in extrajudicial matters we can offer you extensive cost neutrality. Besides, within the statutory framework and according to an individual agreement, we can offer you billing on an hourly basis or, exceptionally, as a contingency fee.