What costs are incurred in a judicial dunning procedure?
January 26, 2022 | 60,00 EUR | answered by Alice Schulz
Dear lawyer,
I am reaching out to you as I urgently need help with a legal issue. My name is Mia Pasche and I recently availed a service for which I have not yet received an invoice. Despite multiple requests to the service provider, I have not received a payment request and am therefore in an unclear situation.
As I am not sure how to proceed, I have researched and learned that a judicial reminder procedure could be a way to assert my claim. However, I am unsure about the potential costs involved and whether this step is worthwhile.
I am concerned that a judicial reminder procedure could lead to high costs and that I may end up bearing the expenses without being able to enforce my claim. Therefore, I would like to know from you what costs may arise in a judicial reminder procedure and if there may be alternative ways to collect my claim.
I would greatly appreciate it if you could provide me with your assessment and possible solutions for my situation. Thank you in advance for your help.
Sincerely,
Mia Pasche
Dear Ms. Pasche,
Thank you for your inquiry and your trust in my expertise in the field of fee law. I understand your concerns regarding the lack of invoice and the unclear situation you are in. I would be happy to assist you with your legal issue and provide you with possible solutions.
A judicial reminder procedure can indeed be a way to enforce your claim against the service provider. Various costs may arise in a judicial reminder procedure that you as the creditor must bear. These costs include court fees, costs for the delivery of the reminder, possible attorney fees, and costs for a possible enforcement order.
The exact costs of a judicial reminder procedure can vary depending on the amount in dispute and the progress of the proceedings. It is therefore advisable to inform yourself about the expected costs before initiating the procedure and, if necessary, to conduct a cost-benefit analysis. It is important to mention that the costs of a judicial reminder procedure are generally to be borne by the debtor if they do not dispute the claim.
However, there are also alternative ways to collect your claim without immediately initiating a judicial reminder procedure. One option, for example, would be to involve a collection agency that takes care of the extrajudicial collection of your claim. In this case, costs usually also arise, but they may be lower than the costs of a judicial reminder procedure under certain circumstances.
It is recommended to seek legal advice before taking further steps to clarify your options and the associated costs. I am available for further questions in my online consultation hours and will help you find a suitable solution to your legal issue.
Best regards,
Alice Schulz
