If someone is confronted with a claim that he or she believes is not justified, it must be defended against. The nature of the claim and the approach of the (alleged) creditor determine to some extent the further course of action. Defence by all means available makes sense if the claim does not actually exist. If the claim is justified, alternative procedures must be examined and the benefits and risks carefully weighed up.
If, for example, a monetary claim is wrongly asserted, the (alleged) creditor must be informed of this. In order to avoid a debt collection and proceedings which also result in costs for the debtor which he cannot fully pass on to the creditor, the defence should be started as early as possible.
If the creditor sticks to his claim, he will probably initiate debt enforcement proceedings. The debtor should raise a legal objection and force the creditor into court proceedings (ordinary civil action or dismissal proceedings). In the proceedings, the debtor can raise his objections and defences. If the action is successful, it will be dismissed.
If the claim actually exists, it must be determined whether an agreement can be reached with the creditor. The creditor may be willing to reduce the claim or agree to payment in instalments. Which procedure to choose depends on the circumstances of the individual case.
Further Services
In-Depth Information
