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Old 10-27-2009, 10:21 PM
Cast Iron
 
Join Date: Sep 2005
Location: China
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Default international business issue

A German company owed my husband's company money about 2 years ago, and did not reply his emails. I want to know if it is a good way for my husband to trip Germany (see the boss) for the money. Is there any bad outcome coming (I mean violatiing their law)?
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Old 10-27-2009, 10:37 PM
The real Leigh's Avatar
Diamond
 
Join Date: Nov 2005
Location: Maryland
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Hi Rumin,

I doubt that a personal visit would accomplish anything.

Even if the company president agreed to pay, his agreement is probably not a legally binding contract, so your husband would have accomplished nothing.

This is a matter best left to legal professionals. I suggest that you hire an attorney in Germany and let him work it out.

But be careful. Try to get a recommendation from a friend or business associate who has done something similar and can introduce you to a reliable attorney or law firm.

Good luck.

- Leigh
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Old 10-31-2009, 05:23 AM
Hot Rolled
 
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If they are not answering emails it might be an idea to check that they are still operational? http://www.ebr.org/ has official records for all the companies in a lot a of european countries. For some countries you can also get previous years financial statements, contact persons and current board members.

A personal visit is unlikely to accomplish much. The best way would probably be to hire a german debt collector. (Inkassofirm, schuldeneintreiber - something like that). Be sure to send them proper documentation, and you might want to do it quickly - many european countries have time limits for keeping claims valid.

These debt collectors usually add their costs handsomely on top of your original claim so you will likely pay little or nothing if they are successfull - the german company will have to cover the cost of getting them to pay. (You might want to check out what happens if they don't succeed though). Usually the debt collectors will get the money but it can take time.

However if the german company has valid reasons (or just something they can use as an excuse) for claming that your claim is invalid you might be in for a long and costly run. To counter that you will ideally have some documentation that the order was well received or that they got what they wanted. More likely though you might be able to document that they didn't complain about anything within reasonable time.

We ourselves usually pay small international orders through credit card, and large orders using Letter of Credit. Not foolproof by any means, and LOC is costly, but a lot better than nothing.
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Old 11-01-2009, 05:31 PM
Cast Iron
 
Join Date: Sep 2005
Location: China
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Default thanks for your reply

Many thanks to Leigh and BB for the advice.

He wouldn't go to Germery but look for a legal way.

There would be some trouble with it - time limit (about 2 years), if the contract legal...

We chinese have trusted German honesty all the time, but
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Old 11-01-2009, 07:53 PM
The real Leigh's Avatar
Diamond
 
Join Date: Nov 2005
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Quote:
Originally Posted by Rumin View Post
We chinese have trusted German honesty all the time, but
As with other human endeavors, we trust groups but deal with individuals.

Good luck.

- Leigh
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Old 11-01-2009, 08:07 PM
bob bob is offline
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I had the opposite problem, Chinese company owed me some money and I was getting nowhere collecting. I found they had a branch in the US and threatened to raise hell. They came around pretty quick. Does the German company have a presence in China?
Bob
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Old 11-02-2009, 05:21 PM
Cast Iron
 
Join Date: Sep 2005
Location: China
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Bob,

"threatened to raise hell..."

Seems to me it's an effective debt collecting way, but I'm afraid it's not that effective in a state with an adequate legal system.

The company has not presentitive in China now.
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