What legal steps can I take to enforce my claims?
August 13, 2023 | 80,00 EUR | answered by Renate Germer
Dear Attorney,
I am reaching out to you as I am in urgent need of advice in a legal matter. My name is Adele Lichtenberg and I am a self-employed entrepreneur in the online commerce sector. Several months ago, I delivered a large shipment of goods to a business partner who is now refusing to pay the agreed-upon amount.
The situation is as follows: After the completion of the delivery contract, I provided the goods as agreed. However, after multiple reminders and unsuccessful payment requests, I am still without payment. This has resulted in significant financial losses for my company, and I am deeply concerned about the future of my business if the outstanding debt is not settled.
My question to you is: What legal steps can I take to recover my debts? Are there specific laws or procedures that I can apply in this case to enforce my right to payment? I am willing to take all necessary actions to protect my business and recover my debts.
I would greatly appreciate your professional advice and support in this matter.
Sincerely,
Adele Lichtenberg
Dear Mrs. Lichtenberg,
Thank you for your trust and your inquiry. I am sorry to hear that you are in this difficult situation, but I will do my best to help you.
In your case, where your business partner refuses to pay the agreed amount for the delivered goods, there are various legal steps you can take to collect your claims. First of all, I recommend hiring a lawyer to represent your interests and assist you in enforcing your claims.
One way to collect your claims is to initiate a judicial dunning procedure. You can apply for a dunning notice at the competent court to request payment from your business partner. However, if they object, a judicial procedure would have to be initiated to collect the outstanding debt.
Furthermore, an out-of-court settlement could be attempted, for example by engaging a debt collection agency to reach a payment agreement. If your business partner is insolvent, filing for bankruptcy could also be an option to at least receive part of your claims.
It is important that you keep all relevant documents, such as the delivery contract, invoices, reminders, and all communication with your business partner, carefully and provide them to your lawyer to strengthen your legal position.
Regarding specific laws or procedures in the field of commercial law that may be relevant in your case, I would recommend seeking advice from a specialized lawyer who can provide comprehensive guidance.
I hope that I could assist you with this information and I am available for further questions. Please do not hesitate to contact me to schedule a consultation.
Best regards,
Renate Germer
Lawyer specializing in commercial law
