DE.EN

Enforcement and Claims Management

We advise our clients on the structure of secured transactions and the collection of accounts receivable, debts, contractual claims, judgments, arbitral awards, and any other amount payable to them.

We counsel our clients on how to maximize the assets available as collateral for their claims and how to provide for a contractual structure that facilitates any future collection activity to the greatest possible extent. Towards that end, we provide our clients general terms and conditions, template clauses that may be incorporated into the sale documents or other contracts, collateral and other security agreements, and any other instrument that is appropriate for the transactions and collateral at issue. We conduct due diligence and investigate the potential security for payment, assess its desirability for the matter at hand, and draft legal documentation that best protects the secured party in future scenarios, including the subsequent insolvency or bankruptcy of the creditor.

We develop tailor-suited solutions attuned to the type of receivable and its payment for our clients, and we counsel them on legal methods to optimize their collections process. We assist our clients in the collecting process, issue demand letters and undertake other extrajudicial warnings on their behalf. We conduct negotiations with obligors, finalize payment of interest settlements, and supervise payment receipts.

If the need arises, we enforce our clients’ demands in court and with quick compulsory enforcement measures. We support our internationally active clients in obtaining and enforcing European enforcement orders as well as enforcing German orders abroad and/or foreign orders within Germany.

Range of Services

  • Counsel in securing outstanding accounts
  • Extrajudicial warnings
  • Judicial collection procedures
  • Arrests and interim injunctions
  • Adversarial proceedings
  • European orders for payment
  • European enforcement orders
  • Commissioning a judicial officer
  • Acceptance of affidavits
  • Seizure or garnishment orders and orders of arrest
  • Evictions
  • Orders of attachment
  • Attachments of earnings
  • Attachments of accounts
  • Mortgages with compulsory insurance
  • Foreclosures
  • Sequestrations
  • Enforcement applications
  • Defending enforcement claims
  • Third-party counter claims
  • Consultation of third-party debtors

© 2019 BENDER HARRER KREVET

© 2019 BENDER HARRER KREVET