We are happy to advise you in all areas of private law (civil law), in particular in the areas of contract law, property law, law of obligations, warranty law and damages law, and we will work with you to find a judicial or extrajudicial solution for your concern.
Civil law, execution and debt collection
Our consulting services
- Clarification of chances and risks of your respective case in the course of an initial consultation
- Detailed process preparation
- Enforcement of claims, lawsuits and executions
- Drafting, checking and contesting contracts
- Advice on contractual and tortious claims for damages
- Compensation and warranty
- Assistance with ownership or possession disputes
- Representation in traffic accidents
- Drafting of wills and advice in matters of inheritance law
- Advice and enforcement of your intellectual property rights
Litigation
Regardless of whether it is a warranty, a neighborhood dispute or a divorce – every legal dispute is unpleasant. That is why we try to find an out-of-court solution in advance if possible. Sometimes, however, it does not work without a judge, because the opinions of the opponents simply diverge too far.
We usually suggest the following strategy :
1. Out of court solution:
If desired, we will first try to find an out-of-court solution.
Analysis : We discuss the opportunities and risks of your case with you and advise you on how such cases usually run in practice.
- If you want to enforce a claim against your opponent: In this case, we will write a letter of formal notice in which we will clearly state your legal position. In most cases the problem can be solved quickly and easily.
- In the case of claims against you: In this case, we will discuss with you whether it is the best strategy in practice to reach a settlement or to reject the other side’s claim from the outset. Accordingly, we approach the other side in order to explain your legal position clearly.
2. Legal proceedings:
“The friendliest cannot live in peace if the malicious neighbor does not like it.”
Regardless of whether it is a guarantee, compensation or marital disputes: In some cases, peaceful solutions are not possible, either because the other side has completely unrealistic demands or a lawsuit has already been brought. In such a case, we suggest the following strategy:
- Analysis : We discuss the opportunities and risks of your case with you and advise you on how such cases usually run in court.
- If you complain: We will work with you to develop the best strategy and then quickly lead the process according to your ideas. Starting with the lawsuit, through litigation, to the collection of your claims.
- If there is a lawsuit against you : In this case, we will write the necessary briefs – according to your wishes – to annul the claims of the opposing party and accompany you through the entire procedure.
Practical tip : Correct behavior in the courtroom
The reality of a court hearing is vastly different from popular belief. It is therefore of the utmost importance that the lawyer informs you about the following points before a hearing:
- When do I say something?
- When do I not say something?
- How do I speak to the judge, witnesses and opposing lawyers?
- How do I tell my own lawyer something important in the ongoing process?
3. Execution and collection: process won - what now?
Even if you have a judgment in your hand, that doesn’t mean you will get the money you deserve. If the other side refuses to pay, foreclosure must be initiated with the help of the court.
For this purpose, we submit a corresponding application for execution to the court and accompany the procedure from the beginning to the end.
Procedure of an enforcement procedure for bringing in monetary claims :
The execution here will be aimed at the following goals:
- Execution on claims (monetary claim)
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- The most common case here is the execution of wages and salaries. In doing so, the employer is informed that he only has to pay the debtor the subsistence level and the rest goes to the creditor in charge – in this case you.
- Execution on the bank balance: Here the bank is requested to pay the amount from any existing balance of the debtor to the operating creditor.
- Execution on movable property (driving license execution)
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- In this case, the bailiff seizes objects belonging to the obligated party, which are consequently sold or auctioned. Your claim will be satisfied from the corresponding proceeds.
- Execution on immovable property (real estate)
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- There are 3 different options available, all of which are reflected in the land register:
- Compulsory creation of a lien
- Receivership
- Foreclosure