Lawyer Legal Claim Management and everything related to fee invoices

1. Examination, plausibility check and defense against unjustified payment claims 

In mass proceedings in particular, it can happen that payment demands are made against consumers and private individuals which are neither justifiable in terms of their merits nor in terms of their amount. What does it mean when demands are not "justifiable"? It means that the person who claims to hold the claim will not be able to enforce it in court. If, for example, in connection with a consultancy contract (e.g. a commissioned lawyer), the client (e.g. the customer) was demonstrably not informed truthfully about the de facto non-existent prospects of success of legal or extrajudicial proceedings at the time the action was taken, the consultant cannot usually enforce his payment demand in court. In this case, it is fundamentally irrelevant whether the client was deceived explicitly, through conclusive conduct or even through fraudulent omission of the expert's lack of information, which was required and obligatory.

When it comes to lawyers' fees, special attention must be paid to the description of the type of fee that the lawyer lists on his invoice. If it is a so-called business fee no. 2300 VV RVG, the lawyer can only legally demand this if the letter of demand that he sent to the opposing party on your behalf was also appropriate. In principle, a letter of demand before court is considered appropriate. However, this does not apply if this variant of the procedure is an abuse of law and therefore not appropriate (for the interests of the client).

2. Reclaiming fees and invoices already paid

Have you already paid a bill in full or in part because you thought you had to do so because you signed a power of attorney or confirmed an order? Even then, it is worth taking a closer look. If you paid out of fear, intimidation or because you had misconceptions about your obligation to pay, then the question is: was the original demand you gave in to lawful or unlawful? German law has the iron principle that there is no right to keep payments obtained unlawfully. And when you look at it closely, that can only be the right result in the end. Because the law, in this case the so-called unjust enrichment law according to §§ 812 ff. BGB, is intended to restore the original symmetries of justice. Work with me to find an affordable and realistic strategy for getting your money back and restoring your personal claim.

3. Enforcement of claims / Claim Management B2B/B2C

You are responsible for creditor and debtor management and are not making any progress. Perhaps because you do not have a domestic address for the debtor to which you can send a summons, or because he claims to be currently insolvent or unwilling to pay for other implausible reasons? You would have to sue him, but you lack in-house resources or experience? This is a problem that requires consideration. Together we can develop a sensible decision, taking into account all the pros and cons. In this bouquet of evidence, I will give you a realistic assessment on the basis of which you can make a risk-profit or cost-benefit analysis and plan the next step.