You have performed and the debtor does not pay?
Countless companies are in financial distress because they provide services properly, but do not pay their contractors or often with months of delay. It is therefore advisable for companies to invest time and money in an active dunning process. Here it is crucial to consistently warn and use all possibilities of enforcement of claims.
Because only those who warn early and energetically and actively enforce their demands, have good chances to get his money. On the other hand, whoever waits and lets himself be put off runs the risk of falling into the insolvency of the debtor with his claim. The result is the often almost complete failure of the receivable.
Experience has shown that priority is given to those creditors who exert the most pressure. As a particularly effective means of pressure has proven in the lawyer collection practice, the Kontopfändung and the prohibition of payment against suppliers; In addition, a simple solicitor’s warning is often taken more seriously than any cover letter of the entrepreneur himself. Particularly in dealing with long-term customers, there is a need for tact in the formulations which commercial collection service providers are often unable to provide in such an individualized way.
If the debtor subsequently offers installment payments, it is important to specifically secure the claim and monitor the installment payment. Again, experience in dealing with debtors and the possibilities of (extrajudicial) titling is required.
Cost of collection
If the debtor is in arrears with the payment (this is ensured by the professional design of the invoice form and the letter of formal notice), he is also liable to the creditor for the costs of prosecution. The extent to which the costs of collection services are recoverable will vary from jurisdiction to jurisdiction.
In any case, the costs of a lawyer charged with debt collection must be fully reimbursed
- Bank liability in investor advisory
- Transfer of business – Legal principles and behavior
- Basics of the BetrVG for works councils
- Driving and rest periods (transport and forwarding law)
- Professional receivables management
- Rights of the employee in bankruptcy
- Contract law (course for trainees)
- Customs law and delivery of public documents abroad
- Professional reminders
- Driving and rest time regulations for drivers
- Correct advice – due diligence in investment advice
- Basics of the BetrVG for works councils
- Legal traineeship – contract law
Since the introduction of the Legal Services Act on July 1, 2008, motor vehicle workshops have also been allowed to provide legal advice to customers about the consequences of a traffic accident and to represent them vis-à-vis their own and the opposing insurance company.
However, the provision of legal services always entails considerable liability risks. The consultant – including the workshop – is liable for faulty advice. A corresponding insurance hardly maintains a workshop. There are many pitfalls in the handling of traffic accident damage:
- in the assessment of the liability issue, in particular the issue of contributory negligence,
- on the question of which claims can be claimed (eg fictitious repair costs or 130% rule, compensation for pain, lump-sum expenses, mercantile depreciation) and
- in the proper enforcement of claims (deadline control). As a service for car repair shops, we offer the takeover of the legal handling of traffic accident damage in the workshop. To combine optimal service with low costs while avoiding liability risks. Here are just a few advantages:
- We come to your workshop by telephone request and advise on site.
- After preparing the report, we will check the possible method of billing (total loss, fictitious / actual repair costs / 130% regulation).
- We examine possible claims for damages, loss of earnings claims and other damage features.
- We take over the damage report and assert the claims with the opposing insurance.
- We check the liability issue in advance.
- We advise you on the security of your compensation claims through assignments and liens.
Even before the founding of a society many questions have to be answered. The tax burden and future viability of a society are directly related to the choice of the right form of society. German law offers citizens a variety of options:
- Joint-stock company (AG)
- Limited liability company (GmbH)
- Limited partnership (on shares) (KG a.A. / GmbH & Co. KG)
- Cooperative (e.G.)
- Open Trading Company (OHG)
- Partnership company (PartG)
- Registered association (e.V.)
- Unternehmergesellschaft, limited liability (UG haftungsbeschränkt)
- Society of Civil Law (GbR)
- Silent society (typical and atypical)
- Foundation, endowment
In addition, European law allows many foreign companies to open branches in Germany (for example, the Limited under English law). Especially here special care is required! As a rule, there are serious additional requirements and risks due to the choice of a foreign corporate form.
In the course of the foundation numerous contracts have to be designed and adapted to the individual needs:
- social contract
- Employment contracts / employment contracts
- Delivery and cooperation agreements
- Terms of Service
- Invoices / delivery notes / dunning
- participation agreements
Our services in the tax department include the
- Financial accounting
- Preparation of financial statements
as well as the creation of
- Group tax returns and
- Private tax returns.
Of course, the focus of our tax lawyer service is also litigious litigation before the Finanzgerichtsbarkeit as well as general support in tax criminal proceedings.