When the debtor does not pay. Solutions for freight forwarders, transportation and logistics.
We offer industry-oriented solutions for freight forwarders, logistics companies, warehouse keepers, carriers and shippers — simple, fast and unbureaucratic. Leading national and international forwarding and logistics companies place their trust in our services.
To the blog and video: “So that the crisis does not become a disaster for logisticians”
Prerequisites for the creation of the pledge of rights
The prerequisite for the creation of a pledge of rights for forwarders, logisticians, warehouse keepers, carriers and commission agents is that they are in possession of the pledged goods and can dispose of them, in particular by means of a bill of lading, consignment bill or warehouse warrant. Pursuant to Section 623 (2) HGB (2), the carrier has a statutory pledge of rights to the cargo, including freight, ancillary charges, demurrage and customs duties, as long as the cargo is deposited or retained.
Realization of receivables — step by step
Stage 1
If the debtor fails to meet the payment deadline agreed on the invoice, notify him by registered letter/return receipt that you are exercising your statutory pledge of rights and threatening a public auction in accordance with Section 1234 of the German Civil Code (BGB) and Section 368 (2) of the German Commercial Code (HGB). If the debtor cannot be identified or refuses to accept the goods, the threat and notification must be sent to the sender. Experience has shown that many debtors pay after receiving this letter. If you do not know the address of the debtor and the recipient, the threat of sale can be omitted because it is not necessary.
Stage 2
If the debtor (commercial) still does not pay within one week of receiving your letter, you can initiate the auction procedure. All you have to do is submit the online form (“Initiate collateral enforcement”) to DEUTSCHE PFANDVEWERTUNG with the information required for the legally compliant execution of the enforcement. We require images of the goods to be auctioned for publication. Cell phone photos are usually sufficient. You will then receive the auction contract. Once you have signed the contract and sent it to us, we can start working for you immediately. We must inform the debtor of the upcoming auction date. Some debtors pay as soon as they receive our letter.
Stage 3
As required by law, we will sell the pledged items for you by public auction. The proceeds of the auction are to be offset against your claims and all costs incurred by you in the proceedings. Any amount exceeding your claims will be paid to the depository of the competent district court.
Most goods are constantly losing value these days. Therefore, the rule is: don’t wait too long to recover the debt. The faster you have the goods realized, the higher the proceeds from the auction will be.
The procedure is summarized here in brief. No two cases are the same. If you have any questions, please do not hesitate to call us: Phone 08027 — 908 9928.
Realization of receivables — cost-effective
Your statutory pledge of rights arises immediately and by law in the event of default of payment.
If you engage our publicly appointed, sworn auctioneers, you can collect your receivables at low cost.
By engaging our auctioneers, you save costs for
1. Debt collection agencies
2. Reminder notices
3. Court proceedings
4. Court and out-of-court settlements
5. Fees and other procedural advances for bailiffs.
Receivables realization — simple and fast
As generally publicly appointed, sworn auctioneers, our task is to realize claims quickly and legally securely by means of statutory pledges of rights by public auction.
We are business people and know what it takes to make the entire recycling process as unbureaucratic and simple as possible.
We save you a lot of waiting time!
The following “time wasters” are eliminated by engaging the auctioneers via DEUTSCHE PFANDVERWERTUNG:
1. Initiation and execution of dunning proceedings
2. Negotiations with the defaulting debtor
3. Initiation and execution of court proceedings
4. Compliance with court dates
5. Waiting for the court judgment
6. Applying for and issuing the enforceable copy
7. Submitting the debt collection via the bailiff’s office
8. Waiting for the bailiff to carry out the enforcement
9. Waiting for the bailiff to receive the installments agreed with the debtor.
