Conditions necessary to issue a court order
The following conditions must be fulfilled before issuing a court order:
|Your own reminder activity has been unsuccessful|
The following conditions must be fulfilled before you apply for a legal
|The claim is valid|
If the debtor files an objection against the court order or enforcement order, the courts will check whether your claim is justified. A court order should only be applied for claims which are provable against the debtor.
A claim will be considered as invalid even if it actually exists but cannot be proven before the court. In this case the creditor (or respectively the person who applied the court order) must pay the court costs and the legal expenses that arise during the dunning procedure.
If there are doubts concerning the validity of parts of the original claim, you should consider not including these parts in your claim to be collected using a court order.
|The debtor is insolvent|
Insolvency of the debtor
– If a creditor’s claim is valid but the debtor is unable to pay at this
point of time, the creditor will be left with the damages caused by default
(i.e. the dunning charges). It is possible to collect these expenses at a
later point of time when the debtor is solvent again. If it is clear that
the debtor is permanently without income and does not have any assets, it is
not effective to issue a court order. However, keep in mind that there is
the possibility to proceed against the debtor for up to 30 years when you
request an enforcement order. Otherwise, your claims will expire within two
to four years.
Debt Bankruptcy – If you know or assume that the debtor is about to file for bankruptcy, you should issue a court order as quickly as possible. The enforcement order then provides you with a “title” to use to recover your debts from the bankruptcy assets. Especially in this case, you should consider applying for a court order online because it is then possible to issue a court order within a few working days.
|All information is presented to the best of our knowledge. We assume no responsibility for its correctness|