Advantages and features of the automated dunning procedure (data carrier exchange procedure)
Our law office uses automated dunning procedures to issue court orders whenever this is technically possible. This online procedure offers advantages compared to conventional dunning procedure in paper form:
|Court orders normally
take 3-5 working days – Issuing court orders using traditional
usually takes 2-6 six weeks. When using the
automated dunning procedure the
court order is issued within a few working days, normally after 3 to 5 days if data transfer to the courts via data carriers is possible.
Length of the automated dunning procedure – As soon as the information necessary to issue a court order is received by an automated dunning procedure party (e.g. our law offices), this data is transferred to a data carrier using a special dunning software. The data carrier is then sent to the court. The courts deal with the data carrier usually on the same day or the day following delivery. Next, the court issues the court order and sends it to the debtor on the same day.
|Automated dunning procedure
saves time compared to the conventional paperform procedure. The data
transfer to the courts online means more time savings and process
simplification. It is no longer necessary to personally meet with a lawyer.
Easier to handle forms – You no longer have to purchase special forms and avoid sometimes difficult completion. By doing it online, you avoid sending it to the court and other efforts involved in requesting a court order.
No payment of court fees – When using the automated dunning procedure, you do not have to pay court order costs using court fee stamps (which must be purchased at the local court). If court fee stamps are not used, you must pay via bank transfer in 2 to 5 weeks. The court order will be delivered only when the fees have been paid. With the automated dunning procedure you only pay court fees after the court order has been issued.
Lack of information – Often the debtor’s accurate address or the accurate company name is missing. This information is necessary when filing a court order and must be taken from the commercial register or trade register. These activities can be performed by our law office. Please see ”costs of the dunning procedure" for possible associated costs.
Monitoring incoming payments – When retaining an attorney to issue a court order, the attorney monitors possible incoming payments by the debtor. The attorney may be required to pursue further legal action. If requested, the attorney can also appear in court on your behalf if the debtor files an objection against the court order.
|Court appearance by attorney in further legal proceedings|
Appearance by an attorney in case of objection of the debtor – When you request a court order and the debtor files an objection, your case may turn into a lawsuit if requested. The court will decide whether your demands are valid. You must prove your claim and have the option of appearing in court yourself or requesting your attorney to represent you. Here it is advisable to consider the assistance of an attorney.
Consulting a lawyer before you request a court order: Before you request a court order online, you can consult with us or another attorney in advance so that we can verify whether the claim’s enforcement is promising or if starting proceedings may be not the best solution in your case.
Other benefits from the automated dunning procedure include :
You are faster than other creditors – By using the quicker online method to issue court orders or enforcement orders, you are in the position to assert your claim before other creditors (especially when dealing with debtors who may be insolvent).
Rapid court orders underline the seriousness of your request – A timely rapid progression of reminders and rapid issue of court and enforcement orders underline the seriousness of your claim. This reputation increases the success rate in the future and may also be effective with other debtors.
Execution possible for up to 30 years – With a legal enforcement order or a judgement it is possible to collect the claim for up to 30 years if your claim could not be executed because of the debtor’s insolvency. This offers you the chance to retrieve your money at a later point in time. If you do not issue an enforcement order, most claims expire within two to four years.
All information is presented to the best of our knowledge. We assume no responsibility for its correctness.