Debtors

General questions:

  • Why did I receive a dunning letter from awt Rechtsanwälte?

    You concluded a contract with our client but have so far failed to submit the agreed payment amount. Moreover, you have not respond to the invoice/dunning letter. Our client – your contract partner – is not prepared to forego the claim and has engaged awt Rechtsanwälte to assert and enforce this claim. Before taking this matter to court, we would like to give you an opportunity to pay the claim without initiating court proceedings, including the possibility of payment by instalments.

  • How has this claim been established?

    You have received contract documents and an invoice and/or dunning letter from our client (only different for internet receivables). They set out the owed amount and the due date for the same. You can obtain the appropriate supporting documents from inkasso@auerwittethiel.de by providing your personal information and reference number.

  • What do I have to do if I cannot comply with the deadline that has been set?

    In general, compliance with statutory deadlines is mandatory to avoid measures that will trigger additional costs. In exceptional cases, please contact us immediately at inkasso@auerwittethiel.de and provide your personal information and reference number.

  • Important things to note with respect to the payment?

    You should primarily use the transfer documents that have been forwarded to you. For any other payment and all other correspondence, you must always include the reference number (AZ:) that is noted in the dunning letter.

  • Do I have to pay the full amount - including the collection charges?

    You have failed to pay the due and contractually owed amount, and are now in default. In accordance with the default provisions of the German Civil Code (sec. 280, 286 BGB), you are obliged to compensate the creditor for all damages that are incurred as a result of your failure to pay. This also includes the cost of our engagement. These costs arise from the Lawyer’s Compensation Act (RVG).

  • Can I also pay the claim in instalments?

    In general, the claim must be paid in one amount and within the statutory payment period to avoid further costs and the need for subsequent measures. In justified cases, amounts may be deferred for short time periods (at most one month) or suitable instalment payments may be arranged with the client’s agreement. Use the on-line application under Payment by instalment, or send/fax us the relevant documents.

  • Can I also pay the outstanding sum directly to the creditor?

    Unfortunately, this option is not available. Once our company becomes involved, all payments must be made directly to us by including the reference number.

  • I already paid the main claim to the creditor. Do I still have to pay the lawyer's fees?

    You have failed to comply with the payment period set by our client, which has forced the client to engage awt Rechtsanwälte to collect the outstanding amount. The fees which were communicated to you were already incurred by the engagement of awt Rechtsanwälte, regardless of when our dunning letter was received. You are required to pay these costs pursuant to sec. 280, 286 BGB. Please note that these costs would have been much higher if court action for the purpose of collecting the claim had been initiated immediately.

  • How can I reach awt Rechtsanwälte if the phone line are busy?

    Unfortunately, it is quite possible, particularly during peak hours, that all of our employees are on the telephone and you are not able to reach us in this manner. You can send information at any time to inkasso@auerwittethiel.de; you can also obtain information about instalments under the menu item Payment by instalment. We respond quickly and will process your e-mails as soon as possible.

  • What can I do if my address/name has changed?

    Please e-mail your new address to: inkasso@auerwittethiel.de
    And please ensure that you also include the reference number.

  • What happens if I do not pay?

    Our client has engaged us to not only enforce but also to collect the outstanding claim. Therefore, if you fail to submit payments out of court, regardless of the reason, we will initiate court action to enforce our client’s claim at the Regional Court/District Court with jurisdiction for your area. Once a judgement has been obtained for the claim, it will be followed by legal compulsory enforcement measures that are appropriate for your particular case. Both the court proceedings and the initiation of compulsory enforcement measures will result in additional and fairly significant costs, which will also be charged to your account. These measures will also lead to a sustained deterioration of your credit rating, and will probably also result in a report to SCHUFA and an entry in the court’s debtor registry.

Questions regarding internet receivables:

  • I did not sign anything. Is this even a valid contract?

    Contracts on the internet can generally be concluded just like any other business contracts, namely on the basis of two conforming declarations of intent (application and acceptance). As early as November 2001, the Federal Court of Justice (BGH) confirmed, as part of a fundamental judgement, that declarations of intent can also be established with the click of a mouse button, and that contracts can also be concluded over the internet (BGH, decision from 7 November 2001, reference no: VIII ZR 13/01) By clicking your mouse button, you have confirmed your order and the inclusion of the client’s General Terms and Conditions.

  • Why did I not receive an invoice?

    You have concluded a contract on-line, and normally also received a confirmation by e-mail. With your booking, you authorised our client to withdraw the agreed fee from your account or charge the amount to your credit card. The amount could not be withdrawn or charged to your card for reasons that are solely within your sphere of responsibility. The delivery of a separate invoice is not required.

  • How can I cancel the on-line offering?

    With regard to this issue, please contact your contract partner directly to obtain information about the relevant cancellation modalities.

  • How do I obtain suitable supporting information for the use of the on-line offering?

    Send us an e-mail (by including your personal information and reference number) to inkasso@auerwittethiel.de. We will mail you (by post) supporting information for the relevant connection with all of the data that was logged during the on-line booking, including the IP address of the computer that was used for the booking.

  • Why do I have to pay the bank charges?

    With your booking, you authorised our client to withdraw the agreed fee from your account or charge the amount to your credit card. The amount could not be withdrawn or charged to your card for reasons that are solely within your sphere of responsibility. The applicable bank charges were applied to our client, who was initially required to pay these fees. You have therefore acted contrary to the contract, and are therefore also responsible for the costs that have been incurred as a result.

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