Is there a way to avoid the legal costs for a judicial reminder procedure?
October 29, 2022 | 65,00 EUR | answered by Ralf Hausdorf
Dear Lawyer,
I am reaching out to you as I am currently facing a financial burden due to a court enforcement proceeding and am looking for possible solutions to avoid the attorney fees. My name is Johann Hohenadel and I recently received a bill which I accidentally did not pay on time. As a result, a court enforcement proceeding has been initiated against me.
The attorney fees associated with this proceeding are causing me great concern as I am currently not in a financial position to cover these additional costs. I fear that the attorney fees could further worsen my financial situation.
Therefore, I am wondering if there is a way to avoid the attorney fees for the court enforcement proceeding. Are there alternative ways to handle the enforcement proceeding without involving an attorney? For example, is it possible to reach an out-of-court settlement with the creditor to avoid the attorney fees?
I would greatly appreciate it if you could provide me with possible solutions to avoid the attorney fees for the court enforcement proceeding. I am willing to take all necessary steps to minimize this financial burden.
Thank you in advance for your support and advice.
Sincerely,
Johann Hohenadel
Dear Mr. Hohenadel,
Thank you for your inquiry regarding legal fees in connection with a judicial dunning procedure. It is understandable that these additional costs can be a significant financial burden. Indeed, there are ways to avoid or at least minimize legal fees.
First of all, it is important to understand that hiring a lawyer in the context of a judicial dunning procedure is not mandatory. You generally have the option to represent yourself in the proceedings. This is known as self-help. However, you should bear in mind that as a layperson, you may not have sufficient knowledge of fee regulations to avoid potential cost traps.
An alternative way to avoid legal fees would be to reach an out-of-court settlement with the creditor. By negotiating directly with the creditor and reaching a payment agreement, you may be able to find a solution that is acceptable to both parties. In many cases, creditors are interested in reaching an out-of-court settlement as it is faster and more cost-effective than a judicial proceeding.
It is also advisable to inquire about possible government assistance programs that could help you in your financial situation. For example, there is legal aid available under certain conditions that can cover the costs of a lawyer or court fees.
However, it is important to emphasize that the options mentioned may vary from case to case, and it is advisable to seek individual advice. As a lawyer specializing in fee regulations, I am at your disposal to analyze your specific situation and offer suitable solutions.
I hope that my response was helpful to you and I am available to answer any further questions you may have.
Sincerely,
Ralf Hausdorf
Attorney at Law
