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Chasing overdue payments is not only frustrating but also time-consuming. Yet in practice, it often happens that payments are not made within the agreed timeframe, leaving businesses with outstanding receivables. In such cases, creditors often have no choice but to recover their claims through various dunning procedures. After all, unpaid invoices can lead to liquidity shortages, posing a significant financial risk. At this point, effective receivables management becomes essential. Here’s how to do it.

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From outstanding receivable to payment. Receivables management makes it possible.

If a business customer is already in default, there are various ways to successfully recover the outstanding payment.

Out-of-court dunning procedure

An out-of-court dunning procedure aims to recover outstanding receivables from the debtor quickly and with minimal complications. Typically, one or two payment reminders are sent to the debtor, who is also contacted by phone (telephone collection) to encourage payment. In many cases, this process leads to a settlement and subsequent payment. However, if there is no response or the debt remains unpaid, a court order for payment is initiated.

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Judicial Dunning Procedure

In a judicial dunning procedure, an application for a court payment order is submitted to the competent court. The court then forwards the request to the central dunning court for processing. If the application is incomplete or contains errors, there is a risk that it may be rejected. For this reason, relying on the expertise of a legal professional is essential to successfully recover an outstanding claim through legal proceedings. In most cases, debtors become responsive at this stage and comply with the payment request.

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Court Proceeding

If the debtor formally objects to the court payment order within the deadline, we proceed with legal action upon the client’s approval. The court then determines whether and to what extent a payment must be made. Before initiating further legal steps, we provide full transparency regarding any potential fees.

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Key Takeaways

  • Out-of-court solutions: Initial payment reminders and phone calls can help resolve the issue amicably.
  • Legal action if necessary: If the out-of-court dunning process fails, legal steps can be taken against the debtor.
  • Expert legal support: A specialized attorney is essential when initiating a judicial dunning procedure.
  • No cost risk: In the event of success, the debtor covers both collection costs and legal fees.

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Why traditional debt collection is not the right choice

There are various ways to enforce an outstanding claim. Creditors can, for example, seek the assistance of a traditional debt collection agency. However, it is often more beneficial to rely on the expertise of a specialized attorney from the very beginning.

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Comprehensive receivables management from a single source with Hüttig & Kollegen Rechtsanwälte

Ideally, a creditor should rely on a strong partner from the very beginning—one that supports them from the first reminder to final payment. Our experienced legal experts provide comprehensive receivables management from a single source, ensuring the best possible handling of your claims. Whether it’s out-of-court reminders, judicial dunning procedures, or enforcement measures—we offer all services in one place, conveniently managed through our app.

Collection only possible out of court

A traditional debt collection agency can attempt to recover an outstanding receivable through payment reminders and dunning letters. However, collection agencies quickly reach their limits. Once a claim goes to court, debt collection agencies are no longer authorized to act. At this stage, it becomes essential to consult a lawyer to proceed with legal action.

High commissions for debt collection agencies

Traditional debt collection agencies typically work on a commission basis, meaning creditors—who are already facing financial strain—incur costs regardless of the outcome. In contrast, a law firm operates differently. Here, only a one-time flat fee is charged based on the claim amount, which, in the event of success, is entirely covered by the debtor. Creditors do not have to worry about commissions or additional processing fees.

For every case: Hüttig & Kollegen Rechtsanwälte

Recovering outstanding receivables takes energy, time, and patience – we make it effortless. With our app ClaimQ, you can hand over your case to a highly qualified law firm with just the press of a button. Our team immediately initiates the necessary actions—commission-free. Compared to traditional collection agencies, we save you both time and money, while providing secure, real-time access to the progress of your outstanding receivables.

With our app ClaimQ, we provide our clients with a digital, hassle-free, and efficient solution to turn outstanding receivables into payments. At the same time, we ensure that our work does not put additional strain on the business relationship between our clients and their debtors.

Isabella Hüttig Attorney & Managing Director

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