Short-term rea­liza­ti­on of receiv­a­bles for con­trac­tors

Step 1
If the deb­tor is in default and does not meet the pay­ment dead­line agreed on the invoice, noti­fy them by regis­tered letter/return receipt that you will exer­cise your sta­tu­to­ry pledge of rights in accordance with Sec­tions 1220, 1234 BGB and threa­ten a public auc­tion in accordance with Sec­tion 1235 BGB with one mon­th’s noti­ce. In the case of com­mer­cial deb­tors, the dead­line is redu­ced to one week in accordance with § 368 HGB. Expe­ri­ence has shown that many deb­tors pay after recei­ving this let­ter. If you do not know the debtor’s address, you are not obli­ged to find out the debtor’s cur­rent address.

Step 2
If the deb­tor does not pay within 14 days of recei­ving your let­ter (one week for com­mer­cial deb­tors), you can start the auc­tion pro­cess sim­ply and free of char­ge via our web­site (“Initia­te lien reco­very”). You send us the rele­vant data with the value-deter­mi­ning infor­ma­ti­on known to you (for motor vehic­les: e.g. mileage read off, manu­fac­tu­rer, model, year of manu­fac­tu­re, equip­ment, MOT, acci­dent dama­ge, vehic­le docu­ments available yes/no, etc.) about the items to be auc­tion­ed. To adver­ti­se the public auc­tion, we requi­re pho­tos in jpg for­mat; cell pho­ne pho­tos are usual­ly suf­fi­ci­ent. In the case of motor vehic­les, we requi­re images of all sides and the inte­ri­or. After sub­mit­ting your infor­ma­ti­on, you will recei­ve the auc­tion con­tract from us. As soon as you have signed the con­tract and sent it to us, we can start working for you imme­dia­te­ly. We must regis­ter the public auc­tion with both the Cham­ber of Com­mer­ce and Indus­try and the Public Order Office. We must also inform the deb­tor of the upco­ming auc­tion date. Some deb­tors pay as soon as they recei­ve our let­ter.

Step 3
As requi­red by law, we will sell the pled­ged pro­per­ty for you by public auc­tion. The pro­ceeds of the auc­tion must be off­set against your cla­im and all cos­ts incur­red by you in the pro­cee­dings. Any excess amount must be paid to the depo­sit office of the com­pe­tent local court.

Items usual­ly lose value within a short peri­od of time. That is why it is important not to wait too long to coll­ect the money. The fas­ter you take action, the grea­ter the pro­ceeds from the auc­tion will be.

Your sta­tu­to­ry pledge of rights ari­ses imme­dia­te­ly and by law in the event of default of pay­ment.
If you invol­ve us as a gene­ral­ly publicly appoin­ted, sworn auc­tion­eer, you can coll­ect your claims at low cost.

With us, you save cos­ts for:

1. Debt coll­ec­tion agen­cy
2. Deb­tor iden­ti­fi­ca­ti­on
3. Att­or­ney­’s fees
4. Dun­ning noti­ces
5. Legal pro­cee­dings
6. judi­cial and ext­ra­ju­di­cial sett­le­ments
7. Advan­ces and fees for bai­liffs
8. Expert opi­ni­on.

By invol­ving us you save a lot of wai­ting time:

1. Issu­an­ce of an enforce­ment order
2. Appoint­ments and tele­pho­ne calls with lawy­ers
3. Com­pli­ance with court dates
4. Wai­ting for the court ruling to be recei­ved
5. Issu­an­ce of the enforceable copy by the judi­cial offi­cer
6. Gran­ting of the appoint­ment by the busy bai­liff.

Note: With us, you only need to noti­fy the deb­tor of the pledge of the work­pie­ce (e.g. car, boat, machi­ne) in accordance with §§ 1220, 1234 BGB (Ger­man Civil Code) that you are exer­cis­ing your sta­tu­to­ry pledge of rights and threa­tening public auc­tion after the expiry of one month, sta­ting the amount of your cla­im. In the case of com­mer­cial deb­tors, the dead­line is only one week in accordance with § 368 HGB. This gives you a good chan­ce of recei­ving your money within a short peri­od of time. In the event that the pro­ceeds of the auc­tion do not ful­ly satis­fy your cla­im, you will at least have the advan­ta­ge that the cos­ts of the sub­se­quent legal pro­cee­dings will be redu­ced due to the lower amount in dis­pu­te.

As a gene­ral­ly publicly appoin­ted, sworn auc­tion­eer, our task is to imple­ment the rea­liza­ti­on of claims by way of public auc­tion quick­ly and with legal cer­tain­ty.

We are busi­ness peo­p­le and know what is important in order to make the enti­re pro­cess as unbu­reau­cra­tic and simp­le as pos­si­ble for the cli­ent.

What many peo­p­le do not know:

1. If the deb­tor is in default of pay­ment, you initi­al­ly have a right of reten­ti­on to the debtor’s work item (e.g. car, watch, com­pu­ter, boat, air­plane, etc.).
2. As a car repair shop, for exam­p­le, you can assert the sta­tu­to­ry entre­pre­neur’s lien in accordance with § 647 BGB and, if you char­ge demur­ra­ge, the sta­tu­to­ry warehouse lien in accordance with § 421 HGB.
3. As a towing com­pa­ny, you can also assert your sta­tu­to­ry for­war­ding lien for all trans­ports in accordance with § 410 HGB.