Costs of issuing court order when sending data online (law in effect starting July 1, 2004 ) When you send data online to issue a court order, these costs will be involved:
Important:
Our online services does not apply for costs of dunning procedures that
involve labour courts. In this case please see: |
| Use of our online service is free of charge |
| No costs – There are no costs involved when using our internet site. However, there are normal costs involved in the regular dunning procedure. |
| Calculation of court and lawyer’s fees |
| Please indicate the total amount of the claim(s) that you wish to recover. The court and lawyer’s fees for issuing a court order or enforcement order will be automatically calculated |
| Lawyer’s fees |
|
Retain services of an attorney – If you wish to request a court order using our online services, an attorney will act on your behalf to issue a court order. You authorise this lawyer to act on your behalf. Debtor pays the fees – The lawyer’s fees are calculated using the legal fee schedule as determined by German law. The amount of the fees depend on the amount of your claim. The fees are charged to the debtor’s account together with the court order that has been issued by the court. The costs to obtain a judicial court order must be paid in full by the debtor if the following conditions are met: your claim is justified, the debtor is in default of payment and the debtor is solvent. If this is the case, there are no costs involved for you. Invalid claim – If your claim has been legally determined as invalid or if you stop the proceedings to collect your claim before the debtor pays, then you must bear the cost of attorney fees. Debtor insolvency – If the debtor is not solvent you must initially pay the attorney’s fees. However, you have the opportunity to have these costs refunded (with interest) for up to 30 years should the debtor become solvent again. |
| Court fees |
|
Court fees – If you wish to issue a court order using our online services, the court order must be processed at the court responsible. This activity involves court fees. The costs are calculated according to the amount of the claim to be collected. Debtor pays the fees – The attorney will advance the court fees on loan. In some cases, your attorney may request that you advance the court fees. The court fees are charged to the debtor’s account together with the court order issued by the court. The total amount of court fees must be paid in full by the debtor if the following conditions are met: your claim is justified, the debtor is in default of payment and the debtor is solvent. In this case there are no costs involved for you. If you paid court fees in advance, they will be repaid to you. Invalid claim - If your claim has been legally determined as invalid or if you stop the proceedings to collect your claim before the debtor pays, you must bear the cost of court fees. Debtor insolvency – If the debtor is insolvent you must initially pay the court fees. However, you have the opportunity to have these costs refunded (with interest) for up to 30 years should the debtor become solvent again. ![[Image]](../bilder/pict55.gif){kind=small} Court
fees in the dunning procedure |
| Fee arrangements |
|
Fee arrangements
– A fee arrangement that differs from the fees determined by law can be made
with your attorney. Such arrangements are usually only when the attorney recovers claims for a creditor in a large number of cases and the amount of each claim exceeds € 1,000. You are welcome to contact us if you want to make a fee arrangement with our office: mail@rechtspraxis.de |
All information is presented to the best of our knowledge. We assume no responsibility for its correctness |