Terms and conditions for collection services

Article 1
The following conditions shall be applicable, if the collection of up to three uncontested claims the client is entitled to at a total amount between EUROS 500.00 and EUROS 1,000,000.00 is subject matter of the commissioning and the debtor’s registered place of business is within the territory of the European Union.

Article 2
Orders shall be placed in writing by using the order form, which can be downloaded from the website www.vonmoers.de, or by e-mail to info@vonmoers.de. The order shall be sent to the Cologne based office of the lawyers and tax consultant von Moers by enclosing the documents needed for the collection. The client shall give detailed and truthful information concerning his person, the debtor and the receivables to which he is entitled.

Article 3
The client shall hereby be obliged, to no longer negotiate with the debtor by himself or proceed against her/him or to have proceedings instituted against her/him. She/he assures that at commissioning of the lawyers and tax consultant von Moers no further order for collection of the corresponding receivables has been placed or will be placed until completion of the order through the lawyers and tax consultant von Moers.

Article 4
The fees due for payment amount to € 80. — plus expenses and value added tax per order. The client shall assign the right to any further claim for reimbursement of the statutory compensation according to the Attorney Compensation Law against the debtor to the lawyers and tax consultant von Moers. In case the debtor cannot satisfy collection of the claim not at all or completely, the lawyers von Moers shall accept part of the claim for reimbursement in lieu of performance, which exceeds the agreed compensation.

Article 5
The lawyers and tax consultant von Moers shall be entitled towards the debtor, to claim the full amount of fees resulting according to the Attorney Compensation Law.

Article 6
As a result of this agreement the lawyers and tax consultant von Moers shall be obliged to render the following performances:
• checking, whether the debtor is subject to insolvency proceedings or the opening of insolvency proceedings
• sending a lawyer’s formal notice to the debtor
• follow-up by telephone after expiry of the term of payment
• initiation of legal dunning proceedings against the debtor
• enforcement order against the debtor
• order for execution proceedings into the assets of the debtor
Follow-up by telephone shall only take place, if the client at placing the order indicates a current telephone number of the debtor.

Article 7
The activities carried out by the lawyers and tax consultant von Moers shall come to an end with complete settlement of the client’s claims, if the claim turns out to be uncollectable, if further steps in consequence of an administrative, official or legal order have to be omitted or if postal deliveries to the address of the debtor indicated by the client cannot be effected.

Article 8
The client authorizes the lawyers and tax consultant von Moers to collect money, valuables and documents and monetary amounts to be reimbursed by the judicial cash office or other official agencies.

Article 9
In case the client receives any payments, the lawyers and tax consultant von Moers shall immediately be informed.

Article 10
As far as the client gives the lawyers and tax consultant von Moers the order, to obtain information on the debtor (commercial register, Creditreform, list of debtors, registration office, professional register, register of craftsmen, etc.) the respective reimbursement for that in case of a local debtor shall be EUROS 25.—and in case of debtors with their location abroad EUROS 75.--, plus VAT in each case. This amount includes possible individual expenses. The reimbursement shall become due, as soon as the lawyers and tax consultant von Moers have taken all measures required for providing the information.

Article 11
If the procedure is defended by entering an appeal in collection or execution proceedings by the debtor, the client shall be entitled to give the lawyers and tax consultant von Moers the order of pleading the case as her/his representative. The reimbursement shall be based on the provisions of the Attorney Compensation Law in connection with the general provisions of representation.

Article 12
The client shall be obliged to pay legal or official expenses according to the instructions of the lawyers and tax consultant von Moers.

Article 13
The client shall be liable for all charges and expenses arising to the lawyers and tax consultant von Moers, which due to his/her behaviour contrary to contract cannot be obtained from the debtor.