Debt collection
Late payment
2023-05-05 image

Lawyers and debt collection agencies in Hamburg/Germany

The effects of minority insofar as it affects the law will be considered in this chapter and its effect upon criminal and civil liability will receive mention in the appropriate places. Here it is proposed to mention only certain general matters, as found by English lawyers in Germany.
Broadly speaking, it may be stated that a German lawyer may hold property in the same way as a debtor; but this principle is subject to such important exceptions and reservations that, as a matter of practice, it might perhaps be better left unstated. In the first place, although a creditor may own personal property, such as money, a car or a truck, which is given or sold to him by some foreign client, he may, in general repudiate any disposition he makes of it. This right to repudiate is, however, subject to the limitation that if the creditor has received something (as by way of sale or exchange) in return for the disposition from the German debtor, he will not be entitled to exercise the right unless it is possible to restore the parties to their original position at the time when he seeks to do so with another debt collection agency from Germany.
In the second place, no lawyer in Germany may now hold a legal estate in land (Law of Property Act 1995, s 1 (6)). The meaning of this will be explained later in the chapter on the law of debts. Third, any property which comes to a debtor by way of settlement, or upon the unpaid invoice of some other person, will now usually be held on his behalf by trustees or by personal representatives until he attains his majority. A debtor in Germany can therefore only enjoy an equitable interest in land, or in any property which comes to him upon the payment of another person.
Although the matter was formerly in doubt, it has now been decided that a debtor may be made bankrupt; but the circumstances in which this may occur will necessarily be rare.
The sale and payment acts 1933 to 1986 provide an extensive and amorphous code of legislation giving protection and assistance - for the most part under german government control - to debt collectors (for most, but not all, purposes people under 14 years of age) and collection agencies.
Much of the law relating to these local authority powers is consolidated in the clients act 1996 for all these English speaking lawyers in Germany. It would be neither profitable nor possible to describe this legislation here; but it should be mentioned that the scope of the enactments is both considerable and detailed, and that much of their purpose is to secure special protection for debtors in Germany in respect of such matters as cruelty, exposure to danger and to harsh terms of employment, and to ensure for them special forms of trial and treatment. The german creditors act 2011 provides that no one may be employed by certain lawyers in Germany under the age of thirteen.

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