The litigation procedure is no longer a simplified, formal procedure like a payment order, but provides the parties with an opportunity to fully explain and prove their position.
In litigation proceedings, verbal proceedings play the main role, and the opposing parties may present their arguments and submit written, verbal and material evidence at the hearing held by the court. Unfortunately, litigation proceedings are not exactly fast. In our experience, it takes between one and a half and three years for a final judgement to be handed down. In the first instance, there are usually 3-5 hearings, while in the second instance, one hearing is usually sufficient. There is a period of approximately 3-6 months between hearings.
A fee must also be paid in litigation proceedings, which is 6% of the value of the claim. If the litigation proceedings were preceded by a payment order procedure, i.e. the debtor objected to the payment order and the procedure therefore turned into litigation, the 3% fee paid in the payment order must be supplemented to 6%.
Preservation of assets in litigation
If you initiate legal proceedings to collect a debt and fear that the assets securing the debt will disappear before a final judgment is rendered, you may request the competent court to order the preservation of assets. A protective order may be requested if it is likely that the subsequent satisfaction of the claim is at risk and the claim can be substantiated by a private document of at least full probative value.
What qualifies as a private document with full probative value?
A private document can be considered fully conclusive if
a) the issuer has written and signed the document by hand;
b) two witnesses certify by signing the document that the issuer signed the document not written by him/her in their presence, or acknowledged his/her signature in their presence; the witnesses’ place of residence (address) must also be indicated on the document;
c) the issuer’s signature or initials are certified by a court or notary public on the document;
d) the document issued by the business entity (e.g. a limited liability company) in the course of its business has been duly signed;
e) a solicitor (legal adviser) certifies, by duly countersigning the document prepared by him or her, that the issuer signed the document not written by him or her in the solicitor’s/legal adviser’s presence, or acknowledged his or her signature in the solicitor’s/legal adviser’s presence, or that the content of the electronic document signed with the issuer’s qualified electronic signature is identical to that of the electronic document prepared by the solicitor;
f) the issuer of the electronic document has affixed a qualified electronic signature.