Debt Collection in Austria

Our Debt Collection agency in Austria.

What are the benefits of letting a debt collection agency in Austria collect your claims? Due to national Austrian legislation and business culture, you need an Austrian Debt Collection Agency to recover your claim effectively. You will hence maximize your chances of getting paid, and you ensure that the debt recovery is in accordance with the law.

Our Austrian Debt Collection Agency is IDG Inkasso Direkt GmbH.

Judicial debt collection in Austria.

If our Austrian partner does not succeed in collecting your money on a voluntary basis, the next step may be to take legal action.

Which court is appropriate to use?

In civil cases, at first instance the jurisdiction is exercised by District Courts (Bezirksgerichte) and Regional Courts (Landesgerichte). Regional Courts hear cases including work and government backed retirement or social security law. Just Vienna has a different District Court for Commercial Matters (Bezirksgericht fûr Handelssachen), a different Commercial Court (Handelsgericht) and a different Labor and Social Court (Arbeits-und Sozialgericht).

The jurisdiction is on a fundamental level split between the courts based on the sort of claim and, for all issues not allocated in this way to District or Regional Courts, solely depends upon the sum in question. The type of the case consistently overshadows the worth criterion.

District court jurisdiction is in situations where the disputed sum is up to EUR 15 000, and Regional Courts have jurisdiction in situations where the disputed sum is above EUR 15 000.

Generally speaking, claims are filed in the litigant’s original place of jurisdiction. The original place of jurisdiction of a private individual typically relies upon the legal address(Wohnsitz) or habitual home (gewöhnlicher Aufenthalt); an individual may have more than one conventional place of jurisdiction. The original place of jurisdiction of a legal element relies upon the geographical location of its office.

How do I start a case in court?

Cases should be sent to the address for correspondence of the court. In the event that one of the parties might want to file a case with the court, they should convey it to the administrative office of the court or post it to the inbox given by the court.

On the off chance that there is no commitment to be addressed by an attorney and the party isn’t represented by a legal counselor, the case may likewise be enlisted orally at the District Court with jurisdiction for the situation or at the District Court in whose area the party is as of now dwelling.

In all courts, the language officially used is German. A few courts likewise permit use of Burgenland Croatian, Slovenian or Hungarian as languages to be officially used for minority language groups.

Will I need to pay court charges?

Court charges are payable when a civil case is filed at the court; the sole intention is to take care of the general expense of the claim from the first instance. Charges are generally graduated relying upon the sum in question. They should be paid when the case is filed (directly at the court, in real money or by debit or credit card, or distantly by transferring the amount to the court’s bank account, with the reference, ‘court charges’, along with the names of the concerned parties). How legal attorney’s expenses are paid is based on the individual agreement.

Request for “Order for payment” in Austria

For payment claims, there is a special legal procedure in Austria that makes it easier, cheaper, and faster to get a judgment, than in a normal court procedure. A matter of fact, most payment claims in Austria are processed online in this simplified, fast-track order for payment procedure.

The request for payment has been restricted to sums of up to EUR 75,000 ever since 1 July 2009. Cases for sums over that cutoff should be filed under the ‘normal’ civil procedure as preliminary pleadings.

The order for payment procedure is obligatory in Austria for claims up to the cutoff as alluded to above.

Payment claims of up to EUR 15,000 (since 1 January 2013) should be filed with a District Court (Bezirksgericht).

Cases for sums over EUR 15,000 should be with a Court of First Instance, except if they go under the District Court’s jurisdiction.

Petitioners applying for payment orders for amounts of over EUR 5,000 should have proper legal representations.

The rules governing the content of an application for an “order for payment” don’t basically contrast from the administering claims filed under the ‘conventional’ system. However, creditors need not to validate the legitimate grounds on which the claim is situated in an application for a payment request.

The order for payment system in Austria is a methodology under which there is no commitment to deliver evidence. Hence, no documents should be submitted in support of the case to apply for a debt payment request. Be that as it may, creditors file for an “order for payment” deceitfully, by including bogus or inadequate data for their application, will be fined under the Austrian Code of Civil Procedure.

The court simply does a rundown assessment of the application. It doesn’t watch that the substance is completely correct,; it simply assesses the lawful grounds of the case. On the off chance that the application meets the prerequisites regarding structure and substance the court will issue an “order for payment”.

The cutoff time for objecting to an order for payment is a month, beginning on the date of administration of a documented copy of the payment order. The court can’t broaden or abbreviate this cutoff time.

Impact of a statement of opposition.

In the event that the defendant lodges an objection in due time, the payment order is considered to be null and void. The court consequently moves the appeal to the ‘normal’ procedure and hears the charges in the case and the objections raised to them.

Impact of absence of statement of opposition.

The request for “order for payment” in Austria is a simple and one-step technique. If the litigant doesn’t challenge the payment order or neglects to do as such on schedule, it consequently gets enforceable without the requirement for another application by the petitioner.