Debt Collection Austria – We Are Your Full Service Debt Collection Law Firm In Austria, Law Experts Austria Represent You Throughout Austria & Europe (EU)
Debt Collection Austria - Fast Collection Is Efficient Collection, Your Lawyer in Austria
Payment default is one of the main reasons for bankruptcy. One single large order which remains unpaid can lead to insolvency. To reduce the risks of a default in payment, we recommend that you instruct us straight after the first lapse of the deadline set by you.
In our law firm your claim is handled by an experienced lawyer only, to fully and effectively utilize the full power of out-of-court proceedings, dispute resolution and the Courts to collect your money.
A letter requesting payment from a lawyer is a clear signal that legal proceedings will follow. This is more effective than handing the case to a debt collecting agency. The faster you make your claim, the higher your chances of getting paid.
Why Assigning An Attorney In Austria? Differences to Debt Collection Agencies – Debt Collection Austria By An Attorney Is A Very Efficient Collection
If you have ever received a letter or reminder from an attorney you know the difference between receiving a letter from a law firm and receiving a letter from a debt collection agency. The difference is quite obvious! Receiving a letter from a debt collection agency means to the debtor that he still has plenty of time and that he will receive several other reminders (1st letter, 1st reminder, 2nd reminder). The debtor also knows very well that a debt collection agency is not able to file a lawsuit on behalf of a creditor. Therefore, in general, there is no hurry for the debtor to pay the claimed amount.
Assigning a specialised debt collection law firm / debt collection lawyer and sending out a demand letter makes it very clear to the debtor that there is no 1st or 2nd reminder. The debtor realises that the assigned attorney has made a basic check of the claim and that ignoring the deadline will lead in most of the cases immediately to an expensive court proceeding. The debtor knows that the attorney is capable to file a lawsuit immediately (court proceedings) and to enforce the judgement (enforcement proceedings; Courts of Enforcement in Austria). As a matter of fact it is in the own interest of the debtor to pay as fast as possible.
- We as your Debt Collection Attorneys in Austria represent your interests only. Under Austrian law, attorneys represent their clients before the courts and authorities and exercise their profession independently on a self-employed basis. Under Austrian law, attorneys are obliged to be biased.
- We as your Debt Collection Attorneys in Austria will always check your legal position first and know your legal position instinctively. Therefore we can avoid mistakes right from the start and can propose the best approach in your case.
- We as your Debt Collection Attorneys in Austria are able to gather all basic data on your debtor and make an inspection of the insolvency file and different registers.
- We as your Debt Collection Attorneys in Austria will always see the Bigger Picture of your claim and the whole case. If you’re in business you never want to alienate your clients. We as your Debt Collection Attorneys in Austria are able to modify the debt collection process depending on the type of client and your needs. We are also experts in negotiating, drafting and executing effective out-of-court settlements to avoid court proceedings.
- We as your Debt Collection Attorneys in Austria have a very high Duty of Care which also shows your debtor - by receiving a demand letter of our law firm - that you claim is based on a profound legal basis. Our Law Firm is fully committed to your success and work based on the Code of Conduct for European Lawyers and Austrian Lawyers’ Code of Practice (RAO).
- We as your Debt Collection Attorneys in Austria can activate Court Proceedings immediately and can also start enforcement proceedings based on the judgement.
Procedure In The Case Of Debt Collection By Your Attorney In Austria, Debt Collection Austria
As mentioned, since, upon a formal reminder being sent by the Attorney-at-law, usually an action is directly pending, instructing an attorney-at-law immediately is, in most cases, considerably more effective than first commissioning a debt collection agency.
We as your Attorney-at-law have the necessary resources and access to data to rapidly and efficiently check the current place of residence or registered office, the current local citizen registration data, any data about current insolvency matters, etc. Once the main data on your debtor has been gathered, the lawyer’s reminder can be sent.
Please also note that some debtors operate a “cat and mouse” game with the creditors by constantly changing their place of residence and other tactics, and often only the well-advised creditor has a chance of getting paid. Also in such cases, your Attorney-at-law can consider various special steps, which may even include filing a “criminal charge”.
Our approach for debt collection is as follows:
- In general, once we receive your open invoice we are gathering the basic data on your debtor and make an inspection of the insolvency file.
- Sending out the lawyer’s reminder to your debtor, which outlines the outstanding claim, inclusive of interest, reminder fees and attorneys’ fees (in the reminder our fees are calculated by law according to the Austrian Lawyer's Tariff Act (Rechtsanwaltstarifgesetz – RATG) and not according our hourly rate agreement with our client).
- If your debtor pays up after receiving the reminder, the outstanding amount, including any interest and your reminder fees is transferred directly to your bank account.
- Should no payment have been made by the time the payment deadline has expired, we may examine further data, such as the place of residence or registered office, the current local citizen registration data, etc., and consider the further odds of collection. Based on this information we can discuss with you whether further reminders or actions make sense.
- Should it be likely that your claim can be collected, an action will be filed, and then enforcement carried out against the debtor. As experienced debt collection attorneys, we can advise on the strength of a client’s case if the matter were to go to court. In the event of the latter being successful, the outstanding amount, including any interest and your reminder fees, will be transferred to you.
Lawsuits in Court Proceedings - Law Experts Attorneys Austria, Get More Done with a Team of Experts
Not all conflicts can be settled out of court. In this case you need a partner experienced in litigation who points out to you the opportunities and risks of a judicial controversy and prepares you for a trial. Law Experts Attorneys offers you precisely such conscientious preparation and strategic planning when it comes to lawsuits and arbitration courts.
The trial specialists on our team offer you comprehensive and first-class service in court proceedings dealing with matters of national and international dispute. In the framework of a contentious dispute we develop with you the most efficient attacking or defense strategies. Creation of top-notch legal briefs, strategic conduct of negotiations in oral disputes and evidence hearings constitute the special focus of our litigation team. Our goal is to persuade the court that your legal viewpoint is correct.
We guarantee that your legal issue will be handled with the greatest attention and precision and solely by our highly qualified experts in the Law Experts team. As your Attorneys at law, we are on your side and give 100%.
Internationally Awarded - Regionally Networked, Attorneys at law Austria
The internationally awarded Law Experts Attorneys has offices / branches in Innsbruck (main office), Telfs and Vienna, as well as an Austria-wide and global network of partner law firms. Furthermore, our law firm has the best contacts, both internationally and regionally.
For more information about our clients' positive experiences with us, our membership of professional bodies, our awards and our team, please refer to:
Professional publications, current judgments and our legal dictionary, as well as law experts on Twitter, can be found at the following points:
- Current legal articles on various special areas
- Professional publications by Law Experts Attorneys-at-law
- Current judgments in detail
- Law Experts dictionary
- Law Experts on Twitter
We are happy to offer you comprehensive and expert advice! We can represent your interests throughout Austria & EU. As your attorneys, we are on your side and will give 100%!
Find more information about Debt Collection Lawyer, Debt Collection Attorneys, Debt Collection Austria, European Enforcement Order, Court Proceeding, Court Proceedings in Austria as follows:
Debt collection lawyer: Definition of a debt collection lawyer
A debt collection lawyer is hired by the creditor in order to send out a demand letter to the debtor on behalf of the creditor and, if necessary, to process the debt recovery to litigation actions and transfer it to court. Debt collection lawyers are legal representatives, who specialise in default payments’ issues and practice debt collection.
Debt collection attorneys are a key issue for successful and cost-effective debt collection. As collection solicitors are the last recovery instrument before court actions, it is recommended to succeed in collecting the debt amount without passing the case to court.
Difference between debt collection lawyer and debt recovery agent
If your debt is still not paid then you have taken a number of steps to recover the funds yourself; such as sending a reminder email, making phone calls and sending overdue payment letters.
As the name debt recovery agent or debt Collection Company suggests, debt collection companies as well as Debt Collection Attorneys specialize in recovering unpaid debts. In most of the cases receiving a letter from a debt collection agency means to the debtor that he still has plenty of time and that he will receive several other reminders. A collection agency will make demands on the debtor.
Debt Collection Agents can only request that money be repaid. As a result, these requests are often ignored. Solicitors on the other hand can actually begin court proceedings against the debtor. And as you can imagine, formal notice of active proceedings can be far more persuasive than a mere request.
Thus, the advantage that a collection law firm can provide over a collection agency is that a debt collection lawyer can provide all necessary procedures, from sending out a demand letter, finding an out-of-court settlement to starting litigation and starting to enforce a judgement.
The pure fact that the debtor gets there first contact directly from a debt collection attorney - as opposed to a collection agency - has more impact with the debtor. In addition to that, the debtor very well knows that the Collection attorney is able to file a lawsuit.
What happens if a debt is not paid: Collections and court judgments, Debt collections affect the credit of the debtor
If a debtor default on a credit card, loan, or even a monthly internet or utility payments, the debtor runs the risk of having the account sent to a Debt Collection Attorney. These law firms are hired to pursue a firm's unpaid debts.
Unpaid collections accounts may eventually land in court - or at least with a court summons. Lawsuits for collections accounts are a common and efficient way for collection attorneys to get payment. Therefore for the debtor it is recommended to never ignore court summons about debt. These lawsuits can result in wage garnishment, a bank levy or a lien on your property. The execution of judgment is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit, sell it and use the proceeds to pay the judgment. Collections showing on the credit reports of the debtor will hurt the credit of the debtor.