If the customer does not pay, we are there for you
If the customer does not pay, we are there for you
Have you provided a service or delivered a product, but your customer hasn’t paid? A tenant has not yet paid his rent or a patient his bill?
In such cases, as a lawyer for debt collection and execution law, we support you with the collection of your debt and an effective dunning process. By acting quickly with legal assistance, you save yourself lengthy and expensive court proceedings and increase your chances of actually getting your money back.
We are also happy to represent you in court proceedings if the debtor disputes the invoice, the scope of the order or the provision of the service itself (defect, compensation, etc.). In this case, we will inform you in advance about your litigation risk, give you a litigation assessment of your chances and handle the proceedings with your legal expenses insurance – in the event that you have one.
Before initiating legal proceedings, we naturally check whether there are any suspicious reports regarding the client’s creditworthiness or whether insolvency proceedings have perhaps already been opened against them.
Whether you are a small and medium-sized enterprise (SME), start-up, family business or expanding company – as a lawyer in Austria (Vienna) as a lawyer in Austria (Vienna), we are at your side!
Our services
Specific services
around general terms and conditions
Collection of receivables
We collect your justified claims from debtors who are unwilling to pay.
Out-of-court debt collection is completely free of charge for you.
Negotiation with the debtor
We contact the debtor and negotiate with them.
For example, an agreement to pay in installments often helps with debt collection.
Dunning actions
We draw up a legal reminder.
If this does not help, we will file a dunning action on your behalf and obtain an enforceable payment order.
Execution proceedings
Enforcement (execution) is applied for at court if payment is still not made even after a reminder has been sent, a legally binding payment order or judgment has been issued.
As a debt collection lawyer, we also represent you in enforcement proceedings.
Insolvency proceedings
If the debtor is insolvent, your claim is not yet lost.
In this case, we take over the filing of claims in insolvency proceedings and represent
you here
Advice on all aspects of
Collection & enforcement law
Do you have any questions?
We will be happy to provide you with competent, detailed and comprehensive advice on debt collection, creditors’ rights, enforcement law and your legal options in Austria
As debt collection lawyers based in Vienna, we also assist debtors (businesses). Feel free to contact us at any time!
Why go directly to a debt collection lawyer?
Why go directly to a
debt collection lawyer?
Every year, companies in Austria lose out on enormous sums of money.
By outsourcing the dunning process to a debt collection and enforcement lawyer, the company ensures clarity with regard to the debt. We always check why the debtor is not making payment and help you to improve your operational processes.
In some matters (e.g. certain contractual terms or general terms and conditions) it is also necessary to conduct so-called “model cases” in order to find out whether provisions are legally valid before the highest courts in Austria (Supreme Court, Higher Regional Court, etc.) (so-called precedents).
In such cases, debt collection agencies also call in specialized lawyers.
In such cases,
also involve debt collection agencies
specialized
lawyers.
contact a lawyer specializing in debt collection and enforcement law directly and save yourself the intermediate step of using a debt collection agency.
In addition, another important rule must be observed in Austria: If the amount in dispute exceeds €5,000, representation by a lawyer is mandatory.
Debtors should also contact a lawyer directly as soon as they receive a debt collection notice and are unsure whether they should pay it.
At our law firm in 1020 Vienna, we support you directly and without detours in all matters relating to debt collection, debt enforcement, dunning actions or payment orders and execution.
Why we are the right lawyers for you
Why with us?
Fast & on time
Our law firm
handles all matters
quickly and on time.
All-round representation
We enforce your rights out of court and in court –
competently & purposefully.
In-house support
As a debt collection lawyer, we look after all clients 100% directly at our law firm in Vienna.
We take time for you & your concerns!
If the customer does not pay, we are there for you
Austrian and European debt collection procedures – what needs to be considered?
There are several important points to consider in Austrian debt collection proceedings. For example, if you receive a court-issued payment order in Austria, you have four weeks from the date of service to file an objection.
If you fail to do so, the payment order becomes final and enforceable. The opposing party may then enforce the claim through compulsory measures, such as wage garnishment or attachment of a bank account.
There are only minor formal differences in European payment order proceedings, but the fundamental principles are the same. This also means that if no objection is lodged against a payment order, the amount must be paid.
The European order for payment procedure applies where a cross-border matter is involved.
If the customer does not pay, we are there for you
What deadlines apply to debt collection?
There are payment deadlines and limitation periods.
Payment deadlines can vary in length, typically ranging from 7 to 31 days.
Claims for payment generally become time-barred after three years. For example, if someone carries out installation work and issues an invoice for it, payment can generally only be claimed through the courts within a three-year period.
The right to demand performance becomes time-barred after 30 years. For example, if the installation work has not yet been carried out, its performance can generally be demanded for a much longer period.
How lawyers
for debt collection &
enforcement law
proceed
How lawyers for debt collection & enforcement law proceed
If your customer does not pay invoices within the first 3 months after invoicing, you should contact a lawyer. They have many options for collecting your claim and will ensure that your claim is transferred to your account with interest in a legally secure manner.
Here are the individual process steps for a better overview:
As lawyers, we first create the claim in a separate file and calculate the outstanding interest. We then draft a legal reminder (registered letter) and set the debtor a final deadline for payment.
To this end, we contact the debtor and negotiate with them if necessary. Possible solutions include, for example, agreeing an installment payment.
If the customer does not pay, we are there for you
And if the debtor does not pay despite a reminder?
In this case, we check whether it makes economic sense to file a dunning action and obtain further data from the debtor.
We provide all these services completely free of charge for you. If the debtor ultimately does not pay, you only pay the cash expenses (query fee, postage costs, etc.).
If it makes economic sense to file a dunning action, we will inform you of the necessary legal costs and the litigation risk.
We will then file the dunning action or a full-text action as requested. If your claim is justified, we will either obtain a court order for payment or an enforceable judgment (or default judgment).
If the debtor still does not pay, we initiate enforcement proceedings. As a lawyer, we specialize in debt collection, debt recovery & enforcement law in Austria and throughout Europe. This enables us to represent you as a creditor optimally and with the necessary know-how and to enforce your claim.
How does debt collection work if the debtor becomes insolvent?
Arnulf Schaunig
Your lawyer for debt collection & execution law
If the debtor becomes insolvent, debt collection proceedings cannot simply continue as before.
In this case, debt collection costs are frozen and may be filed as a claim in the insolvency proceedings. The outstanding invoice itself — the principal claim — must also be filed in those proceedings.
Only creditors who file their claims within the applicable deadline in the insolvency proceedings can be considered when the available insolvency assets are distributed. Creditors usually do not receive the full amount, but only a proportionate payment, known as the insolvency dividend.
What is the difference between judicial and out-of-court debt collection?
Arnulf Schaunig
Your lawyer for debt collection & execution law
There is no separate form of “judicial debt collection.” Once the case or legal matter is brought before a court, the court determines whether the claim is justified and the amount is owed. If the claim is upheld and the decision becomes final and binding, enforcement proceedings against the debtor’s assets can be initiated immediately.
Out-of-court debt collection is commonly understood as an attempt to engage with the debtor and find a mutually acceptable solution, such as agreeing on payment by instalments.
If the customer does not pay, we are there for you
Debt collection: Tips from a lawyer
- When debtors receive a debt collection letter, they should check whether the claim is justified. If they are currently unable to pay, they should immediately arrange an instalment payment plan to avoid further debt collection costs.
- Companies can best avoid long-outstanding debts by keeping an overview of all contracts—particularly subscriptions—in a separate document.
Arnulf Schaunig
Your lawyer for debt collection & execution law
Arnulf Schaunig
Your lawyer for debt collection & execution law
Welcome to my law firm for debt collection and execution law in 1020 Vienna.
In order to find a solution for you as quickly as possible in the case of debtors who are unwilling to pay, we support you as a lawyer with targeted debt collection, a competent dunning process, represent you out of court and in court and are happy to advise you.
Arrange a free initial consultation and come and see us in the 2nd district of Vienna. We look forward to getting to know you!
FAQ – Debt collection & debt collection lawyer
FAQ – Debt collection & debt collection lawyer
When are you not required to pay debt collection charges?
Debt collection costs are legally linked to the principal claim. If the debtor disputes the principal claim on substantive grounds—for example, because the service was not provided or the invoice is incorrect—the associated debt collection costs are no longer justified.
It must first be determined whether the original claim is valid at all. Only then can it be assessed whether the debt collection costs are also payable.
What happens if you do not pay a debt collection claim?
As debt collection lawyers, we advise against ignoring it. Debt collection costs can also be claimed separately in court as an ancillary claim. If you receive a debt collection letter, it is therefore best to contact us directly. Together, we will determine the appropriate next steps.
How can you defend yourself against a debt collection claim?
First, you should dispute the claim immediately. Possible grounds may include defective performance, an incorrectly issued invoice, no order having been placed, withdrawal from the contract, etc. We would be happy to discuss the appropriate next steps for your individual case.
When should you consult a debt collection lawyer?
Creditors should consult a debt collection lawyer whenever a debtor fails to pay. If the amount in dispute exceeds €5,000, representation by a lawyer is mandatory.
Debtors should consult a lawyer whenever they receive a debt collection notice and are unsure whether they should pay it.
What documents do you need for an appointment with a debt collection lawyer?
This depends on whether we represent the debtor or the creditor. From the creditor, we need the contractual documents and the invoice so that we can send the payment demand. From the debtor, we need the debt collection claim or demand letter and the contractual documents so that we can assess whether the claim is legally valid.
How do accounts receivable arise?
Poor payment practices, the increasing number of insolvency proceedings, an ineffective internal dunning system, non-transparent offers or contracts and ineffective operational workflows and processes are some of the reasons for this.
What is the priority principle in debt collection and enforcement law?
The priority principle applies in debt collection and execution law. In the event that the debtor is unable to pay, your monetary claims are serviced according to the respective priority.
The longer you wait for invoices to be paid and the later you involve a debt collection lawyer, the less likely it is that you will receive any payments at all and ultimately be left with your costs.
What do you do if the debtor does not pay despite a reminder (details)?
If the debtor does not pay despite a reminder from a lawyer, we check whether there are reasons why it would be uneconomical to bring an action for payment in court (e.g. numerous pending executions, attachment of earnings, permanent residence abroad, insolvency proceedings, etc.).
In order to correctly assess the probability of success, we use numerous systems to query relevant debtor data (ZMR, company register query, land register query, execution data query, insolvency query, etc.). If it makes economic sense to bring an action, we will inform you of the costs and risks involved.
When do you use a reminder & when a full text action?
For claims of up to EUR 75,000.00, we bring an action for payment, for claims over EUR 75,000.00 we bring a full-text action.
What happens after the dunning action?
As lawyers, we obtain either a court order for payment or an enforceable judgment (or default judgment). These legal acts form the so-called title, which is the prerequisite for initiating enforcement proceedings.
In execution proceedings, there are various options for accessing realizable rights or realizable assets of the debtor or their relatives. If there are realizable assets or rights, you will receive compensation for the lawyer’s fees as well as the ongoing costs of the execution and, of course, the original claim and interest on your account.
As a creditor, do I also receive interest?
Entrepreneurs can even demand 9.2% interest above the prime rate on the claim.
When enforcing your claims, we ensure that you naturally also receive the associated interest.
Arnulf Schaunig –
Law firm Vienna
Your direct contact
Your direct contact