Are Amicable Debt Collections Allowed in Germany? What Are the Main Restrictions?
Contributed by Dr. Stephan Ebner, DRES. SCHACHT & Kollegen, Germany.
Yes, amicable debt collections are allowed in Germany.
It is almost the usual way to collect debt from the debtor.
The main restriction for this type of debt collection is that these firms are not allowed to enforce the claims by force or threats, as the monopoly of force lies with the state.
Also, they have to disclose the identity of the exact principal, because debtors have a right to know whether this is a genuine debt or not.
Contributor: Dr. Stephan Ebner
Agency/Firm: DRES. SCHACHT & Kollegen
Position/Title: Rechtsanwalt, Attorney at Law (NY)
Country: Germany / USA
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The Q&A Global is a special column run by CJO Global, and serves as a knowledge-sharing platform to facilitate peer learning and networking, and to provide the international business community with a global landscape of this industry. This post is a contribution from Dres. Schacht & Kollegen. Dres. Schacht & Kollegen was founded in 1950 and is a law firm with four offices in Germany. They advise and represent domestic and foreign companies, institutions and individuals in all legal and strategic matters.
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