The procedure of enforcement orders can potentially be a simple and cost-saving alternative for businesses to enforce claims for payment.
Cologne, NRW -- (SBWIRE) -- 03/29/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: Enforcement order procedures are also considered legal proceedings. They should facilitate the simply and fast enforcement of claims. The enforcement order procedure should make it possible to enforce claims for money without raising a legal action. Accordingly, an enforcement order is issued at the end instead of a judgment being pronounced. Moreover, the costs are overall lower than they can be in a normal civil procedure with the submission of a legal action.
The central claims courts are competent to hear enforcement order proceedings. In contrast to the other legal procedures, the enforcement order procedure is conducted in most cases by a judicial officer. Furthermore, it is not examined whether the petitioner is actually entitled to bring a pecuniary claim. Instead, the enforcement order procedure serves to incite the debtor to pay the outstanding amount.
Moreover, it should be noted that debtors can lodge an appeal against an enforcement order within two weeks. Should no appeal be lodged within this period of time, the enforcement order becomes legally binding after the period expires.
The enforcement orders procedure does not, however, always lead to the desired result. Should a debtor contravene the order for payment, then the enforcement order procedure is brought to an end. The disputed procedure is thereafter referred to the competent court. An enforcement order can then no longer be applied for.
Bad payment practices of clients quickly become an existential problem even for businesses working to full capacity. Statistics on insolvencies show that the lateness of clients often lies behind the capacity of businesses to pay. In these cases, the businessmen consequently end up in a crisis at no fault of their own. Only an effective claims management can help against such malpractice.
A qualified lawyer can assist businesses in enforcing their claims. In addition, there is the possibility of developing business-specific systems for an effective claims management.
About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Phone: +49 221-27 22 75-0