Debt collection

from Wikipedia, the free encyclopedia

As a collection [ ˌɪnkaso ] (of Italian incasso , "input", "collection", as Deverbativ of Italian incassare "collect" or "collect money"; plural debt collection , Austro encashment ), confiscation of is due monetary claims in its own name or on behalf designated. The term comes from banking .

General

In banking terms, collection means that securities (such as bills of lading ) or means of payment (such as checks or bills of exchange ) are taken over by credit institutions from the bank customer and then presented to the issuer or debtor for the purpose of redeeming or crediting the equivalent value . Collection is banking within the meaning of Section 1 (1) No. 9 KWG , where it is described as “cashless check collection” ( check collection business ) and “bill collection” ( bill collection business ). Checks and bills of exchange are no longer relevant today, so that the only collection task in banking is document collection .

species

"Simple" debt collection

The collection of payment papers such as direct debits , checks , bills of exchange , interest coupons and dividend coupons as well as debt securities due is the collection business of credit institutions .

When delivery is also a collection is based. According to Section 422 of the German Commercial Code, it must be assumed in the freight business that the invoice amount is to be collected in cash or in the form of an equivalent means of payment if the contracting parties have agreed that the freight may only be delivered to the recipient against collection of cash on delivery. The carrier acts as a collection agency.

The legal basis often results from the legal requirements for the agency agreement (collection order) from the §§ 675 ff. BGB and for incorporating Conditions of the §§ 305 ff. BGB.

Document collection

Document collection is the collection of payments from credit institutions on the basis of commercial papers or a combination of commercial and payment papers.

Debt collection service

Germany

If the collection of third-party claims is carried out as an independent business, there is a legal service requiring a permit ( Section 10 Paragraph 1 Clause 1 No. 1 in conjunction with Section 2 Paragraph 2 Clause 1 RDG ). Exceptions to this are ancillary services that are related to another activity ( Section 5 (1) RDG).

When moving on its own behalf, it is only a collection, if after the assignment of the claim purchaser ( transferee to) proceeds to the old creditor ( assignor ) dissipates. It is then either a Inkassozession based on an agency agreement with service character before ( § 675 , § 611  ff. BGB) or if in the context of financing by non-genuine factoring the receivables purchaser ( Factor ) not the full economic risk of recovery of the claim of the old creditor ( Customer ) takes over. The collection association is an assignment solely for the purpose of legitimizing the new creditor ( assignee ) to collect the claim. In relation to the debtor , the assignee has the full rights of the obligee; in relation to the old obligee ( assignor ), he is merely a contractor who is obliged to surrender the proceeds to the assignor; contract law applies .

Another form is the power of attorney to collect , which only authorizes the proxy to collect claims from the debtor on behalf of the creditor who gives the power of attorney (§ 2 Paragraph 2 Alt. 1 RDG).

Austria
Switzerland

See also

Web links

Wiktionary: Inkasso  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ A b Duden-Redaktion (Hrsg.): Duden - German Universal Dictionary . 6th, revised and expanded edition. Dudenverlag , Mannheim, Leipzig, Vienna, Zurich 2006, ISBN 978-3-411-05506-7 . Duden-Redaktion (Ed.): Duden - The large foreign dictionary . 4th updated edition. Dudenverlag, Mannheim, Leipzig, Vienna, Zurich 2007, ISBN 978-3-411-04164-0 .
  2. ↑ Business publishing house Dr. Th. Gabler, Gablers Wirtschafts-Lexikon , Volume 3, 1984, Sp. 2161
    Inkasso. Concept and meaning. In: jurabasic.de. Legal portal jura-basic.de, May 10, 2011, accessed on November 19, 2016 .
  3. ↑ Timo Raffael Beck: Debt collection company and the success of debt collection . With a foreword by Prof. Dr. Werner Neus . 1st edition. Springer Gabler , Wiesbaden 2014, ISBN 978-3-658-05465-6 , 2.3.1 Historical development, p. 23 , doi : 10.1007 / 978-3-658-05466-3 ( limited preview in Google Book Search [accessed November 30, 2016]).
  4. ↑ a b Jürgen Krummow / Ludwig Gramlich / Thomas A. Lange / Thomas M. Dewner (eds.): Gabler Bank Lexikon . 13th, completely revised and expanded edition. Springer Fachmedien Wiesbaden , Wiesbaden 2002, ISBN 978-3-663-07652-0 , p. 705 , doi : 10.1007 / 978-3-663-07651-3 ( limited preview in the Google book search [accessed on November 20, 2016] first edition: Gabler Verlag, Wiesbaden 1953).
  5. ↑ Jürgen Krummow / Ludwig Gramlich / Thomas A. Lange / Thomas M. Dewner (eds.): Gabler Bank Lexikon . 13th, completely revised and expanded edition. Springer Fachmedien Wiesbaden , Wiesbaden 2002, ISBN 978-3-663-07652-0 , p. 360 , doi : 10.1007 / 978-3-663-07651-3 ( limited preview in the Google book search [accessed on November 20, 2016] first edition: Gabler Verlag, Wiesbaden 1953).
  6. ↑ Collection. Confiscation in your own name. In: jurabasic.de. Legal portal jura-basic.de, May 10, 2011, accessed on November 19, 2016 .
  7. ↑ Debt collection: Legal dictionary. 2. Differentiation from the purchase of receivables. In: anwalt24.de. Wolters Kluwer Germany , accessed November 19, 2016 .
  8. ↑ BGH, judgment of October 21, 2014, VI ZR 507/13
  9. ↑ Business publishing house Dr. Th. Gabler, Gabler's Wirtschafts-Lexikon , Volume 3, 1984, Col. 2161 f.