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Effective enforcement strategies for titled claims
Many of our customers have already exhausted all legal means to get their debtors to pay. Often, a costly legal process was carried out, which resulted in an enforceable title, such as a judgment. This title legally confirms that the customer's claim and the default interest must be paid by the debtor.
Settlement of incoming payments according to legal order
The offsetting of incoming payments against titled principal, ancillary and interest claims is carried out in accordance with the legal regulation in Section 367 Paragraph 1 of the German Civil Code (BGB). In principle, the offsetting takes place in the order of interest – costs – principal claim, unless the debtor makes a different payment arrangement and the creditor does not reject the payment (Section 367 Paragraph 2 of the German Civil Code).
Limitation periods and protection against limitation
Court-established, enforceable titles have a limitation period of 30 years (Section 794 Paragraph 1 No. 1 of the Code of Civil Procedure). However, the interest specified in the title, which becomes due after it has become final, is subject to a shorter limitation period of 3 years (Section 197 Paragraph 2 of the German Civil Code). In order to prevent this interest from becoming time-barred, it is necessary to attempt enforcement every three years, as this restarts the limitation period (Section 212 of the German Civil Code, Paragraph 1 No. 2 of the German Civil Code).
monitoring procedures for long-term securing of claims
In order to protect claims that have not yet been successfully collected, it is advisable to place them in the monitoring process. The debtor's financial situation is regularly checked and an attempt at enforcement is made at least every three years. At MB Inkasso, this even takes place every 24 months in order to get ahead of potential creditors and collect claims from the debtor at an early stage.
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