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2023-11-05

Debt collection and encashment

An important field of activity of the German lawyers is the encashment of claims.
In this connection, they are specialised as much in the assertion and the implementation of claims of Indian clients in Germany as in there alisation and collection of open claims of companies and private persons in Europe. Primarily, they enforce claims judicially, accomplish various forms of debt collection and enforcement measures in Germany and then manage the entire legal process on behalf of the client. This includes the money squeezing procedures of movable properties as well as of real estates, to the point of purchasing the assets by execution or sequestration and the resale in the name of the debtor. In case of measures of forced sales in Germany, they arrange the collection and cashing of entitled claims.
Unlike collection agencies, they manage the outstanding receivables by their own law-firm. They handle an entire collection process including enforcement, litigation and out of court compromise agreements or settlements.
The Indian creditor can rely on the experience in telephone collections. The employees of the law firm will track down the debtor by phone to expedite the collection process. There is no better way to capitalize all outstanding receivables: a debt collection process should always be managed by legal experts.
Information
Most clients want more information about debt collection, and it is obvious that a party to a contract who has performed his obligations will be discharged from further liability. He will also normally be discharged if he makes a valid offer (or 'tender') of performance which the other party rejects. Mere tender of a money debt will not, however, operate as a discharge. In order to escape liability a debtor must show, not merely that he tendered the correct sum upon the date on which it was due, but also that he was ready and willing to pay up to the time that the creditor brought his action for the recovery of the debt.
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