Our Law Firm

 

The problem: business in Europe is facing altered circumstances. International free trade and competition requires circulation of goods over national boarders, chances - but risks, too.

Outstanding claims like purchase prices or other debts (bad debts) like compensation are to be collected abroad. 

But do you know whether your debtor still exists or ceased the trading?
Do you know whether he is solvent or in bankruptcy proceedings?

The risk of a loss in costs and time in collecting a debt is enormous, and besides you are dealing with a different and strange legal system.

Moreover we have experienced that the debtors often contact us not until court proceedings are initiated - to charge an ordinary debt collection agency makes less sense because they mostly have to hand over the case to a Lawyer at last to bring the case to the court which is time consuming and causes unnecessary expense.

Claim management means 

  • to stay close to your debtor until the debt is paid in total
  • to ascertain his financial standing and his assets. For legal proceedings "formal" things are very important, particularly to know the specific coordinates of the debtor (a valid postal address is necessary in court proceedings). 
  • So first of all it is to check the address and to ascertain the financial standing of the debtor´s business particularly by our internet databases.


Why we?

  • Our Office combines modern debt collection proceedings (debt collection agency) with subsequent court proceedings if necessary - all proceedings are in one single hand.
  • Modern back-office: Our office is completely digitized, electronic file-system, online-linkage to a lot of data providing service companies and authorities, online accessibility to the courts and bailiffs in Germany etc.

  • We are able to represent your interests all over Germany. Our Lawyers are called to every court in Germany.
  • Fees and costs: It is the guiding principle of our office to cover our fees and costs by the debtor himself ("no cure no pay") in out of court debt collection cases 
  • Experience has shown that it is very effective to contact the debtor directly and to force him by staying close to him by telephone.
    Please take in consideration that very often the refusal of payment indicates a bad financial situation.
    Objections (f.e. notice of defects) against your claim mostly are assertions to delay payment.
  • In bankruptcy proceedings, insolvency, you need experience filing the claim to the bankruptcy court, to control and monitor proceedings and the measures taken by the administrator/receiver in bankruptcy.
  • At each stage of proceedings we inform you about the actual situation, provide you with an update and will advise you in deciding further steps.
    It is also out of question that we will provide you with background information.


Our Service: 

On receipt of your documents (check here: list of documents) we will sent a request for payment (dunning-letter) to your debtor immediately by setting a deadline for payment.

In the meantime we try to ascertain the financial standing and credit-worthiness and will check address and other important information.

We will try to contact him by telephone and force him to payment.

In case of bankruptcy proceedings we will file the claim to the bankruptcy court (list of creditors' claims) and monitor further proceedings. If it is possible to claim for the retention of title we will inform you and manage the take over of your goods.

To collect a debt requires a lot of - legal - knowledge and experience in handling all types of measures in proceedings and enforcement.

Our new company information service: information about your debtor for free (is a valid address on your disposal? Is the company still existing? Has it ceased trading? Are there bankruptcy proceedings? What is its legal form?)




  • international conducting of law-suits
  • recognition (acknowledgement) and enforcement of judgements in Germany 
  • claim-management - debt collection
  • economic mediation (certified Mediator)
  • consulting, drafting of contracts


areas of legal activity

  • hi tech and machines
  • fashion and trade


areas of business

  • Civil Law
  • Company and Commercial Law, partnerships
  • corporate contracts, shareholders value
  • general terms of business T&C, GC
  • agency contracts
  • franchise, distribution and service agreements
  • Employment Law
  • Law of work councils
  • Contract Law, particularly international purchase law (CISG)
  • Competition and Antitrust Law, unfair competition
  • Insolvency/Bankruptcy law (advice before and during proceedings)
  • Liquidations


experiences

  • establishment of branches in Germany
  • counseling in German Law provisions
  • advice concerning contract forms, terms of trade and General Conditions


language

Lawyers and associates are fluent in English and French in word and writing



Our Lawyers

Michael Feinen

Michael Feinen

Position Senior Lawyer, Head of Debt Collection Departement, Specialist in Commercial Law

Our Lawyers

Our Lawyers

Position Our Lawyers


Senior Partner Michael Feinen, Rechtsanwalt:

Attorney-at-Law, Mediator, Wirtschaftmediator (DAV)

Michael Feinen (born in 1959 in Germany) studied law (specialisation in commercial and corporation law), political economics and sociology at the University of Trier and Münster, Germany, from 1981 to 1986, where he passed his first civil service examination on February 1987. His practical training from 1 March 1987 to 31 August 1990 included an optional period of several month with a German Law Firm situated in Jeddah, Saudia Arabia and a period with a local employers' federation. He passed his second civil service examination on March 1990. He spent a half year for a training and graduation in tax law.

1991 he joined an internationally-active Law Firm in Stuttgart, Germany specialised in international debt collection and commercial law working for international credit insurance companies from France, Italy and UK.

In his first years he was concerned with different matters of civil law cases and could gain experience in a multiplicity of court proceedings especially at the court divisions dealing with commercial matters. He then worked additionally on basic issues of commercial cases and corporate law and he was also involved in set up of companies. Since May 1996 he was called to all Higher Regional Courts in Germany.

On 1 March 2000, Mr. Feinen established his own Law Firm in Cologne, Germany. In the meantime the Law Firm Feinen has got 3 Senior Lawy'ers and 3 junior Lawyer's. The staff is specialised in debt collection and enforcement proceedings and familar with all requirements of a modern, high-tech outfitted office.

In 2002 he acquired the accreditation to all courts in Germany. 

Since 2005 Michael Feinen is working as a mediator (certified Mediator).

He is a member of the German Lawyer's Association (DAV) since 1991. In 2000 he finished a training as a Coach.

Annex:

The Cologne Bar Association is the supervisory authority. Practising as a lawyer requires admission. The service providers are admitted as “Lawyers” to the Cologne Regional Court, Germany.

Service providers are subject to the following laws and regulations, which can be found at the homepage of the German Bar Association (Bundesrechtsanwaltkammer) at www.brak.de. These laws and regulations include among others the following:

* Rules and Regulations for the Bar (Bundesrechtsanwaltsordnung) (BRAK)
* Attorney’s Fee Ordinance (Rechtsanwaltsvergütungsgesetz, RVG) (BRAK)
* Occupational Regulations for the Bar (Berufsordnung der Rechtsanwälte) (BRAK)

Jahrgang 1959, Studium der Rechtswissenschaften, Volkswirtschaftslehre und Soziologie an der Universität Trier. Nach 10 Semestern Studium Referendarzeit u.a. mehrere Monate in einer deutschen, wirtschaftsrechtlich ausgerichteten Anwaltskanzlei in Jeddah, Saudi Arabien tätig. Absolvierung des Lehrgangs "Steuern und Betrieb" in Detmold (heute Fachanwaltslehrgang Steuerrecht).

Nach 10 Jahren Tätigkeit in einer mittelständischen Anwaltskanzlei mit internationalem Bezug (insbesondere Frankreich und England; Mitgliedschaft in einer europäischen Anwaltsvereinigung) in Stuttgart Kanzleigründung in Köln.

2002: Zulassung zum OLG Köln, Zulassung zu allen Landgerichten und Oberlandesgerichten in Deutschland (daneben zugelassen beim Bundesarbeitsgericht, BAG). Vorstands- und Präsidiumsmitglied mehrerer Vereine. Mitglied des Deutschen Anwaltsvereins (DAV) seit 1991. Im Jahr 2000 Ausbildung zum "lösungsorientierter Kurzberater" (Coaching).