Lawyer for debt collection in Düsseldorf & Germany

Has your business partner, distributor, or customer failed to pay? We will handle your case. German debt collection law offers various options, including out-of-court demand letters, standard German debt collection proceedings, the European Payment Order, and ordinary civil proceedings. Our firm provides legal representation to private individuals, freelancers, entrepreneurs, and tradespeople before all German local courts, regional courts, and higher regional courts to enforce outstanding claims. This can be achieved through an out-of-court demand letter, court-ordered debt collection proceedings, or within the framework of ordinary civil litigation. Often, a simple reminder letter is enough to prompt the debtor to pay. In clear-cut cases where the debtor is not expected to dispute the existence of the claim, legal dunning proceedings can be initiated. If the existence of the claim is disputed, either in principle or in amount, civil proceedings should be initiated. After obtaining a court-ordered enforceable title (judgment in civil proceedings, court settlement, or enforcement order following the completion of legal dunning proceedings), the law firm will pursue enforcement on your behalf. Should your debtor already be insolvent, I will register your claim with the insolvency administrator for inclusion in the insolvency schedule and represent you in the insolvency proceedings. The individual steps are explained in more detail below:

If your customer hasn't paid your invoice, it's important to send a reminder promptly and set a deadline. Firstly, you want to encourage the customer to pay. Secondly, setting a deadline in German civil law has the advantage that, if the deadline passes without payment, you can claim the costs of hiring a lawyer as damages for default under Sections 280 and 286 of the German Civil Code (BGB). You can then engage a lawyer to collect the debt, with the lawyer's fees being billed directly to the debtor. The rumor that you have to send three reminders to a delinquent customer is simply untrue. A single reminder with a deadline is sufficient.

In which cases is a court-ordered payment order procedure advisable?

A court-ordered payment order procedure in Germany is applicable when the debtor's claim is undisputed. For example: You delivered goods to a customer, but they haven't paid the invoice. There were no disputes about the quantity or quality of the goods. Or a tenant hasn't paid rent, and there are no issues with the apartment. In such cases, a court-ordered payment order procedure offers the fastest and most cost-effective way to obtain an enforceable judgment.

How does the court-ordered debt collection process work?

The German debt collection process consists of two parts. At the creditor's request, a payment order ("Mahnbescheid") is issued. This order obligates the debtor to pay the outstanding amount within two weeks. Ideally, the debtor pays, and the case is closed. However, the debtor has the right to object to the payment order. If the debtor files an objection within two weeks of receiving the payment order, the proceedings continue before the ordinary civil court, and the court-ordered debt collection process is terminated. Of course, we can immediately initiate the necessary steps to continue the civil proceedings in court, acting in your best interest.

If the debtor neither objects nor pays, the competent court for debt collection proceedings is requested to issue an enforcement order two weeks after service of the payment order. The debtor can also file an objection to this order within two weeks. If they do so, the proceedings continue before the civil court. Unlike an objection to the payment order, however, in the case of an objection to the enforcement order, the court immediately schedules an oral hearing. If the debtor neither objects nor pays the enforcement order within two weeks, the enforcement order becomes legally binding.

What are the advantages of the judicial dunning procedure?

The advantage lies in the fact that, in the best-case scenario, you can collect the debt quickly and cost-effectively, or at least obtain an enforceable judgment promptly. The costs of the judicial dunning procedure are lower than those of a standard court proceeding. Since the court handling the dunning procedure does not examine the merits of the claim, no written submissions are exchanged between the parties, and no oral hearing takes place, the procedure is significantly faster than a standard civil trial. The enforcement order obtained through the dunning procedure has the same legal force as a court judgment and thus enables enforcement measures, such as instructing a bailiff, garnishing bank accounts, or foreclosure. If required, our law firm can also handle the enforcement. The court with jurisdiction for enforcement is the one at the debtor's place of business or residence.

If you anticipate that the debtor will raise objections to your claims, or if they have filed an objection to the payment order or an appeal against the enforcement order, a lawsuit can be filed with the competent local or regional court. For example: You delivered goods to a customer. The customer was dissatisfied with the goods and does not want to pay, or does not want to pay in full. In the case of disputed claims, initiating legal debt collection proceedings would be a waste of time.

As of January 1, 2026, local courts have jurisdiction over all claims up to and including €10,000.00. Regional courts have jurisdiction over claims exceeding this amount.

The fees are generally based on the rates stipulated in the appendix to the German Lawyers' Fees Act (RVG). Here are a few examples:

A client owes you €1,000.00. You have sent them an out-of-court payment reminder with a deadline. The deadline has passed without payment from the debtor. You then engage a lawyer to send the out-of-court payment reminder. The lawyer's fee is €167.67 and will be billed directly to your debtor. You only have to pay the lawyer's fee if the debtor is insolvent.

A customer owes you €1,000.00. You sent them an out-of-court payment reminder with a deadline. The deadline has passed without payment from the debtor. You then instruct a lawyer to initiate legal debt collection proceedings. The court requests an advance payment of €38.00 from you. The lawyer's fees amount to €132.80. Court and lawyer fees will be billed directly to your debtor by the court. You only have to pay the lawyer's fees if the debtor is insolvent. If the customer objects to the payment order and the case is transferred to the local court, further costs will be incurred. The court will decide whether and to what extent you are liable for these costs.

The customer owes you €10,000.00. You have sent them an out-of-court payment reminder with a deadline. The deadline has passed without payment from the debtor. You are now engaging a lawyer to send an out-of-court payment reminder. The lawyer's fees amount to €1,032.44 and will be billed directly to your debtor. You only have to pay the lawyer's fees if the debtor is insolvent.

A customer owes you €10,000.00. You sent them an out-of-court payment reminder with a deadline. The deadline has passed without payment from the debtor. You then instruct a lawyer to initiate legal debt collection proceedings. The court requests an advance payment of €141.00 from you. The lawyer's fees amount to €799.68. Court and lawyer fees will be billed to your debtor by the court. You only have to pay the lawyer's fees if the debtor is insolvent. If the customer objects to the payment order and the case is transferred to the locally competent regional court, further costs will be incurred. The court will decide whether and to what extent you are liable for these costs.

Unfortunately, this is always difficult to assess. No law firm can guarantee the likelihood of successfully collecting your outstanding debt in the short term. Some debtors expend all their energy trying to conceal assets. However, it's important to know that once an enforceable title is obtained—that is, an enforcement order, European Payment Order, or court judgment—it remains valid for 30 years, and enforcement can be attempted again at a later date, even if the debtor is currently insolvent. Therefore, the only option is to remain persistent and repeatedly attempt enforcement.

Should it turn out that your customer has already filed for insolvency or that the court has already opened insolvency proceedings, the last chance to recover at least part of your claim is to register your claim with the insolvency administrator for inclusion in the insolvency schedule. This schedule is a list of all claims of the insolvency creditors. The insolvency administrator will review the registered claims. This means that you must be able to provide evidence of the existence of the claims, such as invoices and delivery notes. During the insolvency proceedings, once the remaining assets of the company have been determined, a quota is established to determine the extent to which each creditor's claim will be satisfied. Your claim will then, at best, only be partially satisfied. Whether such a course of action is still economically viable can only be assessed on a case-by-case basis. If a claim is registered in the insolvency schedule and the law firm represents you in the insolvency proceedings, the legal fees must be paid in advance.

You are welcome to contact us and request a free, no-obligation consultation to find out which course of action is recommended and what legal and court costs you can expect in your specific case.