Question: What legal steps can I take if my contractual partner fails to fulfill their payment obligations?
September 11, 2022 | 80,00 EUR | answered by Daniel Netz
Dear attorney specializing in commercial law,
I am reaching out to you with the following question regarding a current issue I am facing. My contracting party has not fulfilled their payment obligations, and I am unsure of the legal steps I can now take to enforce my rights.
The background information to my situation is as follows: I entered into a contract with a company a few months ago for the delivery of goods. The delivery was made as agreed, however, the company has not yet paid the agreed amount. I have already sent multiple reminders and tried to reach the contracting party by phone, but without success. I am concerned about my money and wondering what legal options I have to enforce my claims.
Therefore, my specific question to you is: What legal steps can I take to compel my contracting party to make the payment? Are there options such as a court-issued reminder, a reminder procedure, or even the initiation of a legal proceeding to enforce my rights? I urgently need advice and support to recover my money and would greatly appreciate your assistance.
Thank you in advance for your professional guidance.
Sincerely,
Lina Busch
Dear Mrs. Busch,
Thank you for your inquiry regarding the issue with your business partner who has failed to fulfill their payment obligations. It is understandable that you are concerned about your money and are looking for legal steps to enforce your rights.
In your situation, there are various legal options to compel your business partner to make the payment. First and foremost, you should check if the contract contains any provisions regarding payment delays or defaults. If so, you can rely on these provisions and demand payment from your business partner.
If there is no such provision in the contract, you can initially send a written payment demand to your business partner. The demand should be clear and concise, and set a reasonable deadline for payment. It is important to document all previous communications and reminders to be able to prove in case of a court proceeding that you have taken all necessary steps to collect your money.
If payment is still not made after the written demand, you may consider initiating a judicial dunning procedure. You can apply for a payment order to legally enforce your claim for payment. If the business partner does not pay within the specified deadline after receiving the payment order, you can initiate a judicial enforcement procedure to collect your money.
If the dunning procedure is also unsuccessful, you still have the option to pursue a court proceeding. In such a case, you would have to file a lawsuit in court and enforce your claim for payment. It is advisable to seek assistance from an experienced attorney specializing in business law to increase your chances of success.
I hope this information is helpful to you and I am available for any further questions. Please do not hesitate to contact me if you need further legal assistance.
Best regards,
Daniel Netz
Attorney specializing in business law
