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Extrajudicial recovery of claims

Extrajudicial recovery of pecuniary claims comprises the preparation of a pre-legal call for payment addressed to a debtor, sent by us on behalf of you as our client. In the call we will invite the debtor to pay your pecuniary claim with a warning that in case of non-payment of the amount due within the time allowed, we will proceed with judicial recovery of the claim.

Judicial recovery of claims

Judicial recovery of claims begins by a preparation of a draft of the payment order (legal action) and its lodging with the competent court of a defendant.

Under the provision of § 172 of the Civil Procedure Code, if the statutory conditions are met, the court will issue the payment order within ten working days after these conditions have been met.

The payment order may be issued in favor of several plaintiffs or against multiple defendants.

After receiving the payment order, the defendant can defend himself by an opposition. In case, that no opposition with justification has been filed against the payment order within 15 days from its receipt, the payment order has an effect of the final judgment. This means that the legally valid payment order is enforceable and enables the recovery of your claim through a bailiff.

However, if the defendant files an opposition in the given time with a justification on the matter, the payment order will be cancelled in full and the court will order a hearing.

In successful case, the court recognizes the right of a plaintiff for the costs of legal proceedings mostly consisting of the court fee and the costs of legal representation, thus ensuring the financial resources invested into your claim enforcement will be returned.

Recovery of the claim by a court executor

If the basis for an execution process is an enforcement order, which imposes the obligation to pay an amount of money, the court executor can conduct an execution as follows

  • a) deductions from wages and other incomes
  • b) garnishee order
  • c) sale of movables
  • d) sale of securities
  • e) sale of real estate
  • f) sale of a company
  • g) detention order for a driving license.
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