Your Client Filed Bankruptcy Overseas — Now What
The invoice is the least of what you just lost. You are now a creditor in a foreign proceeding. The clock started before you knew it was running.
Munich. A very private club, where the new doorman is Big Terry. House rule number one, engraved on the wall: never pay on time.
Konstantin von Albrecht chairs Feinkost Albrecht GmbH, fourteen delis in Munich, and pays his suppliers in year two. Ana Ferrer runs a family olive-oil business in Tarragona. She is owed €62,000, and she has read the house rules too.
Trick one: "We never received it." Counter: signed proof of delivery, and an invoice that carries the customer's PO number.
Trick two: "Next payment run." Counter: ask for the date, in writing. A dated promise is evidence.
Trick three: "The oil was cloudy." Counter: a first complaint on day 58, after goods were received in good condition, is a stall, not a dispute.
Trick four: "We can wait." Counter: know the limitation period (in Germany, three years counted from the end of the year) and act well before it ends.
Then Ana stopped arguing and filed a European Payment Order: one form, one court in Berlin, for uncontested cross-border claims inside the EU. No hearing. The debtor has 30 days to object. Konstantin was busy. The house rules were amended, and Ana was paid in full on day 74.
Ana's rules: 1. Paper trail before you ship. 2. Get the payment date in writing. 3. A late complaint is a stall. 4. Watch the limitation clock. 5. Cross-border in the EU? File the EPO.
A Collecty film. © Collecty, www.cllcty.com. Reproduction without permission is not allowed. All characters are fictional. This film is general information, not legal advice.
The invoice is the least of what you just lost. You are now a creditor in a foreign proceeding. The clock started before you knew it was running.
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