Debt Collection in
Austria
- Effortlessly start your case within 2 minutes
- Austrian-German-speaking debt collection lawyers
- Assistance in the pre-legal phase with a Mahnung or through a Mahnverfahren in the judicial phase
- Debt collection in Vienna, Graz, Linz or anywhere else in Austria? We have a 95% success rate!
- No Cure No Pay debt collection
debt collection specialist
Debt recovery in Austria can either be surprisingly straightforward or overly complex. The level of expertise on the creditor's side is the deciding factor in many situations. Regular collection agencies often end up committing to relatively long and costly ordinary civil proceedings (ordentliches Zivilverfahren). Why? Because they do not possess the legal expertise to use more efficient and cost-effective options provided by European law, international trade law, or domestic Austrian law.
Our firm offers a better way: extrajudicial debt collection in Austria with a success rate of 95% and iron-clad, cost-effective judicial options to deal with stubborn debtors who would rather lose in court. From unmatched extrajudicial debt collection in Austria and accelerated legal procedures like the Mahnverfahren to European procedures like the European Order for Payment and other Austrian legal proceedings, our Austrian Desk has got you covered.
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Recover your unpaid invoices in Austria in 7 simple steps
- Step 1: You can easily upload your claim here. All you have to do is enter your details, your debtor’s details and information regarding your unpaid invoice in Austria.
- Step 2: Your Austrian caseworker will send a Mahnung (demand letter). This will be written in Austrian German and customised according to your case.
- Step 3: We start our investigation by checking international credit reports and local databases such as the Firmenbuch (the Austrian Commercial Register) or the registers of KSV1870, CRIF Austria or AKV Europa. This way we can understand why the invoice was not paid. This helps us to define our strategy too.
- Step 4: Your Austrian caseworker will reach out to you. Whether you prefer a harsh or soft approach, we adjust our strategy accordingly. Moreover, you can track the status of your case 24/7 through our online portal.
- Step 5: If your Austrian debtor fails to respond to the Mahnung, then we are just about to get started. Our efforts do not just stop there. We will contact your debtor by phone and e-mail. We speak to your debtor, which puts them off their guard and avoids any miscommunication.
- Step 6: We can also pay your Austrian debtor a visit. With our contacts across Austria and private detectives, we can further investigate your debtor.
- Step 7: 95% of our cases are solved in the extrajudicial phase without court intervention. With the expertise of our native in-house specialists and the various resources that we have in store for your Austrian debtor, we can collect your claim. If your debtor refuses to pay or disputes the case, we can continue in the legal phase in consultation with you. Before doing so, we extensively discuss your options and possible costs.
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Austrian-German-speaking lawyers: Meet our experts
With our native in-house specialists, we can overcome any language or cultural barriers. Our Austrian specialists contact your debtor in their native language and are familiar with the Austrian business culture. Based on our experience, we’ve seen that this works. Because we adapt our strategy by sending letters drafted in Austrian German and customising according to your case, your debtor is more inclined to pay. Your debtor is made aware of all the consequences of non-payment and knows we mean business.
Free case evaluation by the best debt collection specialists
Debt collection costs: No Cure No Pay debt collection in Austria
When solving your debt recovery in Austria, our starting point is to recover your debt without court intervention. We start on a No Cure No Pay basis, whereby we charge €185 for administrative costs. This allows us to investigate your debtor and act according to the best strategy. Our aim is to collect the interest and costs from your debtor; however, this depends on the amount and complexity of the case. With No Cure No Pay debt collection in Austria, you can expect the following:
- Personal contact with your caseworker
- Personal contact with your Austrian debtor by phone and in writing
- Customised strategy according to your case
- Access to the largest national and international B2B debt collection databases
- Real knowledge of local business cultures and payment behaviours
- Knowledge of national and international judicial procedures
- Honest advice if legal action is necessary
If legal action is required, then we move to an hourly or fixed fee. Before doing so, our Austrian lawyers will discuss the costs with you in advance. You can view a complete overview of our fees here.
Austrian debt collection procedures
We solve the vast majority of our cases before there is a need to initiate legal proceedings, but when such steps do become necessary, we offer solid judicial solutions. Every country has its own set of laws, business customs, and debt collection procedures, but not to worry: our experts know exactly which procedure is the best fit for your situation.
You will find more information on the most effective Austrian debt collection procedures below.
Mahnverfahren
The Austrian Mahnverfahren is an accelerated judicial procedure for claims of up to €75,000. It is particularly effective when dealing with claims that have not been contested by your debtor. In short, the procedure encompasses petitioning the Austrian district court (Bezirksgericht) to issue a payment order (Zahlungsbefehl). This part of the process can be completed digitally in most cases.
After obtaining the payment order, your debtor has 14 days to either pay or object to your claim. If they neglect to do so, you can request an enforceable title from the court, which you can use to enforce payment by seizing your debtor's bank accounts, inventory, and more. If your debtor does object to your claim, the Mahnverfahren will automatically be converted into a regular civil lawsuit.
Ordentliches Zivilverfahren
If your claim is higher than €75,000 or if your debtor has disputed your claim, the accelerated Mahnverfahren will be ineffective. This means that you will have to commence ordinary civil proceedings (ordentliches Zivilverfahren) if you want to force your debtor to pay through the Austrian courts.
During ordinary civil proceedings, both parties will argue their case and substantiate their statements with supporting documents (Austrian courts are notoriously strict when it comes to their demands for proper documentation). After one or more court hearings, the court will render a judgment.
Debt collection enforcement in Austria
Once our lawyers have received a judgment against your Austrian debtor, the judgment will still have to be enforced. Enforcement options may vary depending on how the judgment was obtained:
- Judgments obtained in Austria are directly enforceable.
- Judgments obtained in another EU member state become enforceable through EU legislation (such as the Brussels I Recast Regulation).
- Judgments obtained outside of the EU must go through the Austrian recognition and enforcement process under Austrian law.
After your judgment has become enforceable in Austria, you will gain access to relatively strong enforcement options, such as wage garnishment, bank account seizure, inventory seizure, and more.
The limitation period in Austria
An outstanding invoice cannot be collected forever. Once an invoice becomes time-barred, you cannot recover the unpaid amount through court intervention. That’s why it is important to know that payment claims in Austria have a default limitation period (Verjahrungsfrist) of 3 years. Parties are free to agree on a longer limitation period through contracts, side agreements or general terms and conditions.
Unlike the limitation periods in other countries, Austria's limitation period is a bit more complicated in terms of when it takes effect and how it may be interrupted. Please contact our experts if you would like to learn more about the limitation period applicable to your situation.
Why hire Bierens rather than a regular debt collection agency in Austria?
- Austrian-German-speaking, specialised debt collection lawyers
- Highest collection rate throughout Austria
- Extensive measures to recover your Austrian debt extrajudicially and judicially
- No Win No Fee debt collection
- Immediate action after uploading your claim
"Due to Austria's highly-digitised court systems, many court proceedings can be completed digitally. This shortens accelerated proceedings like the Mahnverfahren even more!"
Start your debt collection in Austria today
Start your debt collection case in Austria today! While our Austrian Desk gets started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.
