Blog Forderungsmanagement

Rechtsanwalt oder Inkassounternehmen beauftragen?


Rechtsanwalt oder Inkassounternehmen beauftragen?

Wer die Wahl hat, hat auch die Qual!


Gerade kleine und mittelständische Unternehmer stehen nicht selten vor der Frage, ob sie bei Einzelfällen nun ein Inkassobüro mit dem Inkasso beauftragen oder einem Rechtsanwalt übertragen sollen. Am Ende ist es natürlich immer eine Abwägung, wo sich das Unternehmen am besten aufgehoben fühlt. Dennoch gibt es einige Aspekte, die man bei der Auswahl beherzigen sollte, damit die Erwartungen auch erfüllt werden.


Wann sollten Sie einen Anwalt kontaktieren?

Grundsätzlich sollten Sie einen Rechtsanwalt beauftragen, wenn es sich bereits um eine von der Gegenseite bestrittene Forderung handelt. Also hat beispielsweise der Kunde oder gar der gegnerische Anwalt Ihnen schon geschrieben, dass er nicht oder nur teilweise zahlen will, sind Sie bei einem spezialisierten Anwalt wohl besser aufgehoben. Das umso mehr, als dass ein Inkassounternehmen auch nur „voraussichtlich unbestrittene Forderungen“ bearbeiten darf.

Trotzdem beauftragen manche Unternehmer zunächst ein Inkassounternehmen, weil es scheinbar billiger ist. Das ist aber leider nicht so, denn Ihre Forderung macht dann nur einen zeitlichen Umweg. Das Inkassounternehmen wird nach dem vorgerichtlichen Inkasso auch zum Anwalt raten. Bezahlen müssen Sie aber beide Dienstleister.

Aber auch Ihren Anwalt sollten Sie sich genauer ansehen. Ist er in diesem Thema fit? Oder hat er sich spezialisiert auf zum Beispiel das Familien- oder Verkehrsrecht? Wie schätzt der Anwalt anhand Ihrer Dokumentation die realistischen Chancen ein? Welche Maßnahmen ergreift er vorgerichtlich? Prüft der Anwalt auch die Bonität des Schuldners? Was kostet Sie ein Inkasso-Verfahren, wenn es negativ ausgeht (vorgerichtlich und gerichtlich)?

Denken Sie daran, dass viele Urteile in einem Vergleich enden. Was passiert dann mit den Kosten?
Nachfragen lohnt sich, denn Sie können hier schon viel Geld sparen!


Und wann lohnt sich für Sie die Zusammenarbeit mit einem Inkassobüro?

Inkasso beauftragen lohnt sich zum einen, wenn es sich um eine voraussichtlich unbestrittene Forderung handelt. Der Schuldner hat zum Beispiel auf Ihre Rechnung und Mahnung überhaupt nicht reagiert und Sie haben Ihre Lieferungen/Leistungen vollständig erbracht.

Berücksichtigen sollten Sie auch, dass weder der Anwalt noch das Inkassounternehmen gern einzelne Forderungen unter 500,00 € bearbeitet. Oft – auch wenn man etwas anderes behauptet – lohnt es sich für den Auftraggeber nicht.

Am besten lassen Sie sich für Ihre spezielle Forderungen einmal konkret vorrechnen: Was geschieht, wenn der Schuldner alles bezahlt (Thema Grund- oder Fixkosten, Erfolgsprovisionen)? Was geschieht, wenn der Schuldner vorgerichtlich/gerichtlich nur einen Teil zahlt? Was geschieht, wenn der Schuldner weder vorgerichtlich noch gerichtlich zahlt (Kosten und Titel)?

Wenn Sie viele Forderungen im Inland und Ausland haben, können Sie in der Regel auch Sonderkonditionen vereinbaren. Möglich ist häufig auch eine vereinfachte Zusammenarbeit über Online-Portale und Auskunftssysteme.

Berücksichtigen sollten Sie auch das Thema Kommunikation. Haben Sie einen festen Ansprechpartner, oder wechselt dieser innerhalb des Unternehmens und in den verschiedenen Phasen der Inkassobearbeitung?


Ein wichtiger Tipp zum Schluss

Lassen Sie sich auch die AGB`s mit einem Angebot liefern. Speziell unter dem Punkt Konditionen und Kündigung sind meistens sehr interessante Details, die Sie prüfen sollten.


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