When an invoice remains unpaid despite the work having been completed, or an agreed payment is not made, it is more than simply frustrating. Outstanding debts can affect your cash flow, disrupt financial planning and take up valuable time.

The law firm of JUDr. Gunther WITTENSTEIN assists businesses and private individuals with the recovery of their claims, both out of court and, where necessary, through court proceedings. Together, we consider which approach is appropriate for your circumstances and makes economic sense.

We begin by understanding your situation

The first step is a careful assessment of your claim. We review the relevant contracts or agreements, invoices, evidence that the goods or services were provided, and the correspondence to date. We also consider any objections raised by the other party and whether limitation periods need to be taken into account.

The more complete the documents are, the more reliably we can assess the appropriate next step. If individual documents are missing, you may still tell us about your matter. We will then discuss with you which further information or evidence may be required.

Seeking a solution without court proceedings

Not every outstanding debt needs to be taken to court immediately. In many cases, a formal demand for payment from a solicitor can help to bring clarity and structure to the matter.

We set out the claim and any recoverable ancillary amounts in a clear manner and give the other party an appropriate period in which to pay. Where the circumstances suggest that it may be helpful, we can also consider with you whether payment by instalments, a settlement or suitable security would provide a sensible solution.

German court payment order proceedings

For an outstanding monetary claim, the German court payment order procedure (gerichtliches Mahnverfahren) may offer a comparatively swift and cost-effective route to obtaining an enforceable title. Whether it is suitable for your matter depends, among other things, on whether the other party is likely to dispute the claim and whether the statutory requirements are met.

Following our legal assessment and acceptance of the mandate, you will not be expected to prepare or submit the online application yourself. The firm submits the application for a court payment order electronically to the competent court. The court then issues the order for payment (Mahnbescheid) and arranges for it to be served on the other party.

At this stage, the court does not examine whether the claim is substantively justified. If the other party objects, the matter may proceed as contested court litigation. We explain in advance what response may be expected and which costs could arise from the possible next steps.

When court proceedings become necessary

If the claim is disputed, or it is already apparent that the other party will raise objections, bringing a court claim may be the more appropriate course.

Before recommending this step, we consider the available evidence with you, together with the costs involved and the economic prospects of success. The aim is not merely to obtain a judgment or another enforceable title. It is equally important to assess whether the amount is realistically likely to be recovered afterwards.

Enforcing an existing title

Even after successful court or payment order proceedings, payment is not always made voluntarily. If you already have an enforceable title, we can therefore also assist you with enforcement measures.

Depending on the information available about the debtor’s income and assets, possible steps may include instructing a court enforcement officer, applying for the attachment of a bank account or other receivable, or obtaining a statement of assets. We do not select measures mechanically: we consider both their prospects and the costs involved.

You remain informed

You should always be able to understand the current position of your matter and what is intended to happen next. We therefore keep you informed about progress and discuss significant steps and their likely costs with you in advance.

Our aim is to pursue your claim consistently while remaining economically responsible – from the initial assessment through to any necessary enforcement.

How can we help you?

Please begin by telling us what stage your matter has reached. Your selection helps us to understand your enquiry and request the relevant information in a focused way. It does not replace a legal assessment by a solicitor.

Ask us to assess your claim

Has your debtor failed to pay, or are they disputing the claim? Please give us a brief description of the matter and tell us which steps you have already taken. You may provide relevant contracts, invoices, reminders, evidence of performance and previous correspondence as part of your enquiry.

The law firm of JUDr. Gunther WITTENSTEIN will assess the individual circumstances of your matter. We will then discuss with you whether a formal demand for payment, German court payment order proceedings, a court claim or another approach may be appropriate.

📞 Telephone: +49 (0)214 50095030
📍 Address: Overfeldweg 63, 51371 Leverkusen-Bürrig, Germany
📠 Fax: +49 (0)214 50095033
✉️ eMail: info@kanzlei-wittenstein.de
🌐 Website: www.wittenstein.law