Initiating court proceedings is generally justified when:
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The likelihood of success is high, and there is reason to believe that the debtor will actually fulfil ltheir obligations if a favourable court decision is obtained,
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The dispute is not clear-cut, but proceedings could lead to a reasonable settlement - a compromise is always better than having no resolution at all,
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It is necessary to prevent the statute of limitations from expiring, even if immediate enforcement may not be realistic.
Expedited order-for-payment procedure
Costs in the order-for-payment procedure :
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State fee: 3% of the claim (minimum 65 eur)
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Child maintenance claim: exempt from the state fee
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Application drafting fee: 90 eur
If the fast-track procedure is not possible or not suitable, it is necessary to file a statement of claim - the classic court procedure where a claim is submitted against the defendant.
Costs in the action-by-claim procedure:
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For a claim of 10 000 eur, the state fee is: 770 eur
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Statement of claim drafting fee: 400 eur
If you win the case:
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The debtor will be liable for your state fee and legal costs
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You are entitled to claim interest for late payment until the debt is settled
Enforcement Proceedings
If the debtor fails to comply with the court decision voluntarily, enforcement proceedings must be initiated, allowing a bailiff to take enforcement measures (e.g. freezing assets, selling property).
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Enforcement application drafting fee: 50 eur