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Register as a debt collection service provider


Anyone wishing to provide debt collection services on a commercial basis must register this activity in the Legal Services Register. A debt collection service is the collection of third-party receivables or receivables assigned for the purpose of collection for the account of a third party, if the debt collection is operated as an independent business.
Registration may be subject to conditions or subject to conditions. Conditions can be ordered or changed at any time by the competent authority.

Without registration in the Legal Services Register, legal services in connection with another activity are permitted if they are part of the professional or activity profile as an ancillary service. Permitted ancillary services are legal services provided in connection with one of the following activities:

  • Execution of wills,
  • Property management,
  • Advice on subsidies.

Process flow

As soon as all the conditions have been fulfilled and all the evidence has been provided, the competent authority shall register and arrange for its public publication in the Legal Services Register.

Who should I contact?

The jurisdiction lies with the Regional Court and the larger district court (so-called President's District Court).

This procedure can also be handled by a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Competent authority

The jurisdiction lies with the Regional Court and the larger district court (so-called President's District Court). In each case, the responsibility includes the assigned district. The district court includes the areas of the assigned district courts. The one for you or. You can find the President's Office or Regional Court responsible for your place of residence here.

The President's Office or Regional Court responsible for your application under the RDG can also be found here.

Requirements

Anyone who can register

  • personally suitable for the exercise of the activity and
  • is also reliable, as well as beyond
  • has a special expertise (theoretical and practical) and proves this with documents.

Important benchmarks for the required reliability are:

  • the previous life (in particular any criminal offences) and
  • the economic conditions.

If this is necessary for the protection of litigants or legal transactions, registration may be made subject to conditions or subject to conditions.

In the area of debt collection services, the requirement is to be ordered to immediately forward third-party funds to a person authorized to receive them or to pay them into a separate account.

Which documents are required?

  • Summary of the vocational training course and the previous practice of the profession
  • Certificate of good conduct for authorities (document type O)
  • Declaration as to whether insolvency proceedings are pending or whether an entry has been made in a list of debtors in accordance with Section 26 (2) of the Insolvency Code (InsO) or Section 882b of the Code of Civil Procedure (ZPO) in the last three years prior to the filing of the application
  • a statement as to whether a registration or admission to the bar has been refused, withdrawn, revoked or excluded from the bar in the three years prior to the application and, if so, a copy of the decision,
  • Documents proving practical expertise: References / other certificates of previous practical activity or qualification for judicial office in accordance with the German Judges Act (DRiG)
  • Documents to prove theoretical expertise: Certificate of successfully completed proficiency course, written supervisory work and its evaluation as well as a detailed description of the contents and procedure of the course or certificate of the first examination in accordance with § 5d para. 2 of the German Judges Act (DRiG)
  • Proof of professional indemnity insurance (minimum sum insured 250,000 euros for each insured event)
  • If a qualified person is specified, also: documents showing that the qualified person is permanently employed in the company, is independent of instructions and authorized to issue instructions and has an authorization to represent the company externally

What are the fees?

Fees are charged in accordance with No. 1110 of the Schedule of Costs (Annex) to the Judicial Administration Costs Ordinance Act (JVKostG).

Fee: 150,00 EUR
Payment in advance: No
Fee for registration. In the case of the registration of a legal entity, this also covers the simultaneous registration of a "qualified person".

Fee: 150,00 EUR
Payment in advance: No
Fee for the registration of another "qualified person".

Fee: 75,00 EUR
Payment in advance: No
Fee for revocation or return of registration.

What deadlines do I have to pay attention to?

The activity may not be commenced until permission has been granted.

Processing duration

Applications / forms

  • Applicationforms can be found on the notice platform for out-of-court legal services
  • Online application for NAVO
  • Written form requirement: yes

Appeal

Commonly available remedies

If the competent authority does not decide in accordance with the application or revokes a registration (§ 14 RDG), an objection can be lodged with the competent authority within one month or an immediate action can be brought before the administrative court.

An action against a negative notice of objection can also be brought before the administrative court.

The registration authority shall not rule on disputes between registered legal service providers and recipients or between legal service providers. Civil law claims between the parties must be asserted before the ordinary courts.

What else should I know?

Anyone who is established in the European Economic Area (EEA) for the purpose of exercising a profession related to the provision of legal services may, under certain conditions, practice this profession as a temporary legal service in Germany.

Technically approved by

Lower Saxony Ministry of Justice

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)