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Everything posted by king_lear

  1. Hello everyone, i had some questions about the debt recovery procedure. I tried to look through the forums and found the wiki on "Reminders, court orders, writs" as well as some posts where advice was sought to avoid legal action.   My problem : a company we contracted(indirectly by our builder) was in default (mistakes in delivery, but more importantly reluctance to show up and finish work despite being paid for it). We had to seek advice from a lawyer who sent reminders and later on a termination of contract notice. Afterwards another firm was contracted after no response was received from the old company and the work was finished to the extent we could with surplus funds.   To recoup the money we lost our lawyer filed a case with the district court which provided us a judgement in default (opponent did not bother to respond, or maybe, he did not exist at the address described in the bills).   I now have an enforceable court order and am looking for a reasonable direction to follow.   My lawfirm offerred to forward the debt recovery work to an Incassobüro that they have worked with in the past for additional fees. I believe i would also need to pay fees from the bailiff.    So far all costs were borne by my legal insurance and i still have some money left over from the insurance that i can use for debt recovery procedures.  But i would like to go in a bit more informed. Some information we collected on our journey : *The defendant(and the firm, its not a Gmbh btw) have cheated atleast two other families similarly. *The registered address where the debtor/firm supposedly maintains an office or atleast a postbox (as per the bills) does not show any presence of the company. I avoided asking around not to spook anyone. *The debtor is in the habit of closing and opening new bank accounts with atleast two banks. Possibly to avoid seizure or something else i cant fully comprehend due to my limited knowledge. *The debtor does not seem to have the necessary qualifications (as per the handwerkskammer listing) to perform the work he claims to execute by providing offers and accepting money. However this part is hearsay and i havenot been able to confirm this due to lack of knowledge on how to get this in a concrete manner.   So far the defendant or the firm does not show up when searching the website insolvenzbekanntmachungen.   Given the fraudulent nature of the debtor/firm, i am skeptical of getting any money back. I would like avoid burning any of my own money (which could happen if the costs exceed the insurance limit). The insurance company recommends to involve a professional when contracting the Gerichtsvollzieher as mistakes could be made in documentation by us and that might invalidate the actions to be taken by the Gerichtsvollzieher.   What i also learnt is the Gerichtsvollzeiher would only act on the information provided to them i.e. known bank accounts or addresses. Address as i mentioned is dubious and we can at best list banks that might be in use by the debtor. Since the debtor is not a Gmbh, personal assets could be seized to the extent allowed (minus sustenance and regular living costs). Questions : > Whats the process to get to the sworn affidavit of financial circumstances from the debtor?  > If the address of the firm & debtor itself are dubious, what options do we/the Gerichtsvollzeiher have? I ask this because i read a post here where the state caught up with a person many years later and tried to seize assets. Which means there was some way to find the current address/location of the individual. Since this was the state acting to recoup its money and not an individual , would such a step be applied in our case? > Since one of the forum members mentioned she had professional experience in this area and was dilligent/aggressive in order to recoup funds from debtors : How much dilligence should we expect if we are searching for a person who is gaming the system. We know he lives in the same town as the location(as on the bills) of his company, but nothing further.  > Gerichtsvollzieher vs Incassobüro : Does the Incassobüro subcontract the Gerichtsvollzieher or how are they related in this process ? > Can police have a role to play here, since this involves cheating of more than one family with the exact same pattern? Any help would be much appreciated. Regards,