Define the German legal scope
Identify the relevant contractual and procedural issues, including questions requiring separate advice under another legal system.
International Lenders
German legal recovery.A clear point of contact.
A claim against a German debtor can introduce unfamiliar procedural questions for overseas lenders. German Recovery Desk addresses the agreed German legal issues under the responsibility of German counsel, with communication in English or German.
Discuss the German legal routeTypical starting points
German proceedings.
An international context.
The contract and debtor connect to different countries
Governing law, jurisdiction, the debtor's location and potential assets need to be considered before a German procedural route is established.
A foreign decision already exists
A judgment or other title is intended for use in Germany. The requirements and supporting documents depend on the particular decision.
The decision-makers are based elsewhere
Internal approvals need an intelligible explanation of German procedures, cost considerations, outstanding evidence and the decisions that may follow.
The legal work
Make the German
legal route clear.
Examine the procedural route
Review the requirements for German proceedings or for recognition and enforcement of an existing foreign title.
Coordinate the engagement
Conduct instructed German legal work and liaise with designated contacts or advisers in English or German.
Preparing the legal review
Establish the connection to Germany.
We agree the scope and an appropriate transfer method with you. A general overview is enough for the first conversation.
Records for the agreed review
Agreement and claim
Complete contracts, governing-law and jurisdiction clauses, claim calculation and payment history.
Parties and responsibilities
Party details, evidence of authority and contacts for legal and commercial decisions.
Existing proceedings
Decisions, service records, procedural history and translations already available.
Working together & reporting
One point of contact.
Clearly allocated responsibilities.
The German engagement, working language and coordination with existing advisers are agreed at the outset. Findings are explained with their practical implications. Agreed reporting identifies progress, outstanding requirements and the next decisions. Any necessary translations, evidence and involvement of additional parties are considered for the individual case.
Legal lead: Dr Christopher Peinemann, LL.M. (Durham), Rechtsanwalt / German lawyer.
Before instructing the Desk
Two questions to begin with.
Is a foreign judgment automatically enforceable in Germany?
There is no universal answer. Its origin, type and terms, together with the applicable rules, determine the requirements to review and the documents needed.
Can our existing overseas counsel remain involved?
Work can be coordinated with designated advisers. Responsibilities, information channels and questions outside the German engagement are expressly allocated as part of those arrangements.
The next step
Discuss the German legal route.
Start with the debtor's location, contractual basis and existing proceedings, without confidential attachments.
Prepare a conversationContact the Desk directly