Address: 126, Val Sainte-Croix L-1370 Luxembourg
Post box: B.P.1262 L-1012 Luxembourg
Web address: www.huissiers.lu
Phone: + 352 26 02 11 1
Fax: +352 45 8041
Damir Site Enforcement Officer – Serbia
Below is an outline of how our Office will advance the work on recovering your claim.
Stage 1. Free preliminary case evaluation: We review the case to determine if the company/debtor is still operating as a going concern, confirm the current address and location of the debtor, telephone number, real estate holdings, bank accounts, employment, personal property, financial status and overall credit worthiness, and any information that will allow us to establish an expectation of a positive outcome. There are no field calls and site inspections during this Stage. If we determine a positive outcome is not a plausible expectation, we will make our findings known.
Stage 2. Amicable collection: From time to time we can seek and get the voluntary cooperation of the debtor to pay and satisfy the judgment without any enforcement actions being taken. Any money recovered in Stage 2 will be subject to a negotiable contingency fee, based on a lump sum payment. Stage 2 will usually last no more than thirty days (30). If we are not able to achieve a positive outcome we will proceed to Stage 3. Most clients skip Stage 2.
Stage 3. Civil enforcement proceeding (CEP): There is a government-fixed cost for the CEP and those costs will be presented separately for your consideration and approval. With our findings in Stage 1 & 2, we will proceed to seize, attach and sell property, garnish bank accounts and garnish wages or pensions (if we confirm place of employment), file orders for debtor examinations, post judgment discovery, seize, attach and sell the debtor’s company shares, real estate property, and perform all other civil enforcement actions prescribed by the Serbian 2011 Civil Enforcement and Security Interests Act.
The creditor/client is responsible for pre-payment of all Stage 3 related costs. Court cost and administration fees vary depending on the principal sum that is to be recovered.
These costs and fees will be itemized and presented to the client for their approval. All payments made by the creditor during Stage 3 are enforcement procedural costs that are be recovered from the debtor.
During judgment recovery enforcement proceedings, Serbian laws do not allow any stay of execution, or other legal remedies related postponements of civil enforcement actions, proposed by either of the parties (nor the debtor, or the creditor).
For more information please visit our website.
If what we have to offer is interesting to you we would be delighted to engage in further discussion on how we can launch an effective collection platform. Contact us to tell us about your case.
Contact us on 00 44 (0) 1792 466771
Obtaining a County Court Judgment can be a lengthy process, and one often breath’s a sigh of relief when all this is over. However, unfortunately things do not always stop with the obtaining of such a Judgment.
In this ever changing climate it is often the case that debtors do not take any notice of the Court Order and Claimants can often be left wondering which way to turn next.
That’s where we come in.
As the most effective form of enforcement available in the UK, High Court Enforcement Group (HCE Group) provides an optimal proactive solution for your Debt Recovery and Eviction Enforcement needs, delivering an expert enforcement service that is both ethical and effective throughout.
HCE Group offers a comprehensive range of recovery services for businesses, organisations and individuals. Our enforcement services cover High Court Writs of Control, Commercial Rent Recovery, Environmental Evictions, Traveller Evictions, Process Serving, Investigations and Commercial Forfeiture of property.
With a combined experience that exceeds 250 years, our 21 Authorised High Court Enforcement Officers are leading the way forward in setting industry standards and delivering on client expectations. Our unparalleled industry experience, transparency, and professional integrity ensure that we deliver the ultimate High Court Enforcement service throughout England and Wales, and now we are looking to assist our international clients through the Connexx network.
The Connexx network will provide our international clients with a platform to approach HCE Group to assist them in pursuing debtors who are outside their jurisdiction but reside within the UK. Without this platform our international clients would often find that such debtors are simply outside of their reach.
Now the question arises, how can we assist you?
By approaching HCE Group through the Connexx network we are able to provide you with numerous different enforcement options and these are listed below:
In these circumstances our officers will simply attend the debtor’s premises and attempt to bring attention to the debt in question and obtain the monies without the need for lengthy court action.
This type of enforcement is designed to try and maintain working relationships without the hostility that subsequent court action can bring.
When instructed to attempt recovery for this type of debt we at HCE Group will write to the debtor to inform them of the debt and request payment, we will also call the debtor to attempt to calmly discuss the matter and again request payment.
However, in the events that the above attempts are unsuccessful we will assign the file to our officer to make an attendance at the debtor’s premises to discuss the case with them face to face. It should be noted that when instructed under this heading our officers have no legal powers that they can rely upon and will simply request payment when in attendance. If such payment is not forthcoming we may advise alternative legal proceedings be commenced.
PROCESS SERVING & INVESTIGATION
At HCE Group, we pride ourselves on delivering a personalised service that is of the highest quality and value. In order to achieve this we offer three levels of service. Our system is dedicated to producing personalised reporting, detailing customer needs and individual circumstances in order to ensure that you receive the service features and expert assistance you need, promptly and proficiently.
ALL SERVICE LEVELS INCLUDE:
Confirm receipt of all instructions
Regular client updates
Standard Service of documents
Statement provided for Statutory Demands, Bankruptcy Petitions, Winding-up Petitions and Claim forms
Affidavits provided for N39 Orders
HCE Group deal with all types of Process Serving and is dedicated to providing innovative solutions for all of our clients. If you could not find what you are looking for in this section, then please do not hesitate to contact us with your requirements.
We are also able to offer basic investigation services including lifestyle reports, and tracing services where defendants have vacated the last known address.
WRITS OF Control
A Writ of Control is a method for enforcing a High Court Judgment or a County Court Judgment above £600.00.
A Writ of Control is used to enforce a money judgment. Essentially it involves a High Court Enforcement Officer attending the home or premises of the judgment debtor (the person, business or organisation who owes the money) and seizing and then selling goods belonging to the judgment debtor to the value of the judgment.
Below is a step by step guide on how to obtain a Judgment and subsequently a Writ of Control
Step by Step guide to obtaining a County Court Judgment and subsequently a Writ of Control
1) Pre Court Proceedings
Firstly as the Claimant (the one who is owed the money) you should issue a letter before action to the Defendant advising them that you intend to start proceedings after a specified time if no response to the letter before action is received or if the monies are not forthcoming within the specified period.
2) Completing the Claim Form
If no response to the letter before action is received you can start a court claim by completing a Claim Form (N1). You can obtain these claim forms from local courts and from the HM Courts and Tribunals Service www.hmcourts-service.gov.uk.
The claim form asks for details of the claimant and the defendant and how much is being claimed. It also includes a space for you to detail how the claim has arisen (also referred to as the particulars of claim). In some circumstances, as a claimant you might need extra time to complete the particulars of claim. You have the right to send the particulars of claim to the defendant separately but no later than 14 days after the claim form.
As the claimant you may be able to claim interest on your claim. If so you must include interest in the amount you are claiming on the claim form. There is a specific form of words you should use to do this. For more information about claiming interest, please see the guidance notes that come with the claim form.
In some circumstances, additional documents need to be attached to the particulars of claim. For example, if the claim is based on a written agreement (such as an agreement to purchase goods or services), a copy of the agreement should be attached to the statement of claim.
Some claims for a fixed amount of money can be started online at www.moneyclaim.gov.uk Usually, claims will be issued, printed and sent to the defendant on the day the claim is submitted. Court fees for online claims must be paid by credit or debit card.
3) Applying for the claim form to be issued
As the claimant you should send or take two copies of the claim form to the court where you want to start court action.
You should keep an extra copy for your own records. You must also take or send the court fee. The fee depends on the amount of money claimed. You can find out how much the fee is from the HM Courts and tribunals Service website at www.hmcourts-service.gov.uk
In some circumstances the fee might be waived or reduced for example:
Because you are getting certain benefits like Income Support or income based jobseekers allowance.
Because your annual income is low
Because of financial hardship
You can ask the court to tell you how to apply for a reduction or waiver of the fees or you can get more information and the exemption from HM Courts and Tribunals Service website at www.hmcourts-service.gov.uk. In order to apply for the exemption of the court fee you must complete form EX160
The court will stamp the claim form and in most cases serve it on the defendant. It will give you a notice of issue, a document with the case number on it.
4) How the claim form is served
Usually the court will serve the claim form by sending it to the defendant by first class post. The defendant will be deemed to receive it on the second business day after posting, unless the claim form was issued online. As the claimant if you want to serve it yourself you can ask the court to give it back to you once it has been stamped so that you can serve it. There are a number of forms that must be sent with the claim form.
5) If the defendant is not defending the case
If the defendant accepts that they owe the money claimed, they will not be defending the case and the court will not allocate it to the small claims track to be dealt with.
If they can pay the money immediately, they should send it to you directly.
If they need time to pay, they can suggest an arrangement. For example that they pay the money in instalments or all the money in one lump sum at a certain date in the future. If the claimant accepts this offer you will have to return a form to court requesting judgement on admission. If the defendant does not keep to the arrangement the claimant can take legal action forcing them to pay.
If you do not accept the defendants offer you must give your reasons and a court official will decide what a reasonable arrangement should be. The court will send both parties an order for payment (judgement for claimant after determination)
If you are not happy with the order you should write to the court giving your reasons and you must send a copy of the letter to the defendant. A judge will then decide what is reasonable for the defendant to pay. If the defendant does not keep to the arrangement, the claimant can take enforcement action.
6) If the defendant is defending the case
If the defendant does not accept that they owe the money that is being claimed they will be defending the case. They have to respond to the claim form and the particulars of claim within 14 days of the date of service (this is the second day after posting). If the particulars of claim were served after the claim form, you must respond within 14 days of the date of service of the particulars of claim.
If the defendant does not send a defence in to the court the claimant can ask for an order to be made against them.
The defendant can send their defence to the court. However, if they need more time to prepare a defence they can send back an acknowledgement of service and then the defence within 14 days (the acknowledgement of service would be sent to the defendant initially with the claim form)
When the defence is returned to the court the court will send an allocation questionnaire to both the claimant and the defendant. This must be returned no later than the date specified on it. As the claimant when you return the allocation questionnaire you will have to pay the relevant fee (unless it is waived on financial grounds) the court will use the information given on the allocation questionnaire to decide which track the case will be allocated to.
7) If there is no response to the claim form
If the court does not receive a response to the claim form or you do not receive the monies you can request a default judgment. To do this you must complete form N255
8) Enforcement of court orders
As the claimant you will have to pay a fee to start enforcement proceedings, and there are many types of enforcement which you may wish to consider. We deal with enforcement by way of a Writ of Control which directs us to levy and remove assets belonging to the defendant with a view to selling the assets in order to try and recover the monies owed to you.
In order to apply for enforcement by way of a Writ of Control you must complete form N293A and send this to the court together with the cheque for £65.00 which is the court fee incurred to transfer the Judgment to a Writ. Upon issue of a valid Writ we can then enforce the judgment on behalf of the claimant.
For more information, visit our website www.hcegroup.co.uk
BAYH & FINGERLE Rechtsanwälte in Partnerschaft
(lawyers in civil partnership according to German law)
BAYH CM (= collection management) is the debt collection branch of BAYH & FINGERLE, a lawyer’s chambers being specialised and active in the field of debt collection since 1983.
Covering debt collection on a national level
BAYH CM is one of the nationwide leading firms in this business with commercial clients all over Germany. For years BAYH CM has served international clients, too, in recovering open claims in Germany.
The debt collection departments are situated in Stuttgart and Hamburg. There are 4 lawyers exclusively working in debt collection as well as 16 other staff members.
Debt Collection in Germany
Why do you find among all the judicial officers being members of CONNEXX law firm? In Germany there are no self employed judicial officers but only court bailiffs who are government employees. They are commissioned by the law courts and are just allowed to act in the course of forced execution according to the orders of the court. Hence debt collection is an area of activity of law firms.
Amicable Debt Collection
Usually we introduce debt collection by one up to three extra judicial reminders and – if requested – by a telephone call to the debtor. The reminders are automatically carried out in between intervals of 10 days or as accorded with the client.
In accordance with its CONNEXX partner, BAYH CM offers to their clients in case of unsuccessful amicable debt collection, costs that are limited to a lump sum of 50,00 EURO (without vat). If the client wishes supplementary inquiries the costs for these are added.
Inquiries and Solvency Researches
We recommend to our clients to have a solvency research commissioned particularly within higher claims. Different possibilities can be offered within a price range up to 8,00 EURO up to 230 EURO to obtain solid data about the debtor.
Legal Dunning Proceedings
According to the general experience in debt collection more than 90 % of all claims rest undisputed. But in case the amicable reminders remain without success we usually recommend to our clients the introduction of legal proceedings. In European-wide cross boarder collection we’d mostly refer to the European Enforcement Order where we cooperate with our CONNEX-partners. Depending on the lieu of jurisdiction, and depending on the national law to be applied to in the individual case, we intent to provide the best solution to the client.
It could also be considered to revert on the special German dunning proceeding (gerichtliches Mahnverfahren) especially when the debtor is a consumer or / and there is need of hurry and the proceedings refer to German lieu of jurisdiction. Compared to the European Payment Order-procedure it might be possible to obtain a provisionally enforceable title in Germany in a shorter lap of time.
In opposition to the European Enforcement Order dunning proceedings in Germany take place in two stages; the first step is entered with a so called court order (Mahnbescheid). This, the debtor can appeal against (Widerspruch) in between a deadline of 14 days after service. If he doesn’t do so we demand for the creditor the provisionally enforceable payment order (Vollstreckungsbescheid). The debtor still has the possibility for an opposition against the payment order in a deadline of 14 days, yet execution can be introduced. The steps we have to take for our clients are automatically processed.
The costs depend on the value of the claim. The court fees are statutorily regulated as well as those for the lawyers, each based on a sliding scale. We might give you some examples:
|Disputed claim in €||Court fees in €||Lawyer’s fees in €|
The lawyer’s fees don’t include VAT.
In case of an appeal against the court order the case will be disputed and transferred to the responsible law court.
It has to be highlighted that the debtor is obliged to reimburse all the costs from the creditor being based on legal fees that occurred in dunning proceedings if there is no opposition. This also applies for the lawyer’s fees.
If it was evident that the continuation of the case would be without success the client is free to end the activities. In accordance with its CONNEXX partners, BAYH CM will charge for its own service a lump sum of 50,00 EURO (without vat). In addition to this, disbursements for court fees would have to be paid for.
Legal Proceedings in Disputed Claims
As law firm BAYH & FINGERLE is naturally authorized to introduce legal proceedings in disputed cases at all the law courts in Germany, except from the Federal Law Court (Bundesgerichtshof) where only a restricted number of laywer’s are admitted who are exclusively active only there.
The lawyers of BAYH CM are all specialized in and have experience in running court proceedings also in cases with points of contact to the international private law and the international civil procedure law. Although BAYH CM is able to provide a high standard of representation in court proceedings, the main ambition is not a performance of long rows of arguments in a number of never ending court hearings but to obtain for the client a reasonable economic solution.
Here we do have to point out a particular characteristic of German court proceedings: the court is legally obliged to induct a settlement between the parties on every stage of the proceeding (e. g. par. 273 (4) of the German Civil Procedure Code). That specialty is what foreign clients have to get used to especially from Roman countries where the parties “either live or die”. But the parties are not forced to agree in a settlement if they don’t feel to do so. BAYH CM are used to weigh all pros and cons with their clients in order to achieve a economically satisfying solution.
By the way: the non-negligible number of settlements is one of the reasons why court proceedings in Germany don’t take as much time as in other countries.
Concerning the costs of the procedure here can be referred to the explanations above for the dunning proceedings. Basically the legal rules are applied. Because of the higher time and effort the costs are superior compared with those for the dunning proceedings. Her again some figures:
|Disputed claim in €||Court fees in €||Lawyer’s fees in €|
|500,00||105,00||132,50 - 177,50|
|1.000,00||165,00||232,50 - 317,50|
|5.000,00||363,00||772,50 - 975,00|
|10.000,00||588,00||1.235,00 – 1.721,00|
|50.000,00||1.368,00||2.635,00 – 3.681,00|
|100.000,00||2.568,00||3.405,00 – 4.759,00|
All prices mentioned above don’t include vat.
It is important to explain that the legal lawyers fees represent a minimum level. BAYH CM is granting the legal fees in disputed cases in general where the procedure is restricted on application and initiation of procedures and one court hearing. In case of higher efforts BAYH CM will ask their clients for an hourly rated remuneration. The costs depend on the individual case. One can calculate with an average of 220,00 EURO per hour.
Again it has to be underlined that the creditor is entitled to claim from the debtor to restore the legal fees in case he wins the case but not the exceeding costs based upon the remuneration contract.
We already explained above the system of forced execution in Germany. The creditors – mostly represented by their lawyers - in possession of an enforceable title do have to address the local court (Amtsgericht) responsible for the execution, the so-called Vollstreckungsgericht. Quite usually that is the court where the debtor is situated. The creditor has to ask for the kind of execution, in general beginning with the seizure.
The body competent to carry out the execution is the court bailiff.
As law firm specialised in the field of debt collection it is the ambition of BAYH CM to render to its clients a developed service in execution. An analysis of the creditor’s liquidity, earnings and asset situation can be made based on solvency checks before the introduction of the execution. Proposals will be forwarded on which way of execution could be the most effective.
The debtor is obliged to bear all expenses that occur to the creditor in course of forced execution. Although BAYH CM always intents to prevent superfluous activities and costs, the solvency of the debtor is not always guaranteed. Costs and fees in execution are again regulated legally. According to German law the debtor is obliged to compensate all legally regulated costs arising to the creditor in course of the execution.
Here too, BAYH CM offer to their clients in accordance with its CONNEXX partners in case of an unsuccessful execution the limitation of costs restricted to a lump sum of 50,00 EURO (without vat) and disbursement.
In seldom and exceptional collection cases, in case of further and costly in term of time measures (e. g. the seizure of shipping and execution levelled on real property) BAYH CM asks its clients for a reimbursement agreement based on an hourly rated fee of in general 150,00 EURO per hour.
BAYH CM at last offers clients the possibility of title monitoring. A first attempt of execution might not always be successful. The claim out of a legally binding title last 30 years according to German law. If the execution reveals that a debtor – here a natural person - is not able to fulfil his duty, the creditor is entitled to demand from the debtor’s issue of an affidavit. This action has to be recorded in the debtor’s register. The registration accounts for a period of three years that a bailiff will not accomplish further executions in this time (apart that the creditor supplies him with solid information about an improvement of the debtor’s income- and asset situation.
Title monitoring implies that BAYH CM regularly takes care for a scrutiny concerning the debtor’s economic situation after the above mentioned period. Apart from special creditor requests the title monitoring stays free of costs for the creditor. The remuneration is based on a participation of 50 % after deduction of the expenses incurred.
For more information visite our website www.bayh-fingerle.de
Leximpact is a French network of bailiffs, consisting of 110 colleagues who aspire to deliver an optimal service. The commissions are spread by their electronic system depoactes. A commission can be sent directly to the competent colleague.
For more information, visit our website www.leximpact.net