List of claims
The demand line-up in many fields a list , the more demands includes.
General
The list of claims contains a complete list of all claims ( debtors ) of a creditor , itemized according to the amount of the claim, debtor , duration , due date and any security interests (such as retention of title ). This data comes from accounts receivable . In trade , the list of receivables generally initially only shows the "open items" from the ongoing business relationship with debtors.
species
In the inventory , the list of claims is part of the inventory and is carried out by the auditor to assess the completeness and correctness of the receivables portfolio by confirming the balance as a request to the debtors, so that no bogus claims are capitalized in the creditor's balance sheet . Claims lists also play a major role in accounts receivable management . In the case of security assignment , the list of claims in accordance with the security agreement in the case of global and shell assignments serves the lending bank at least as declaratory evidence to determine the mortgage lending value or even as a constitutive reason for the assignment .
If claims (for example, dubious claims ) are to be transferred to a debt collection company , they must be provided with a list of claims with additional information such as the main claim and all collection costs ( e.g. dunning fees , interest on arrears , collection and, if necessary, further legal proceedings). In the event of insolvency , the (provisional) insolvency administrator must request a list of claims (list of creditors ) from the creditors in accordance with Section 152 of the Insolvency Code (InsO) in order to be able to quantify the amount of the existing liabilities . Since these are to be considered with different rankings, the list of claims must show the main and secondary claims as well as types of creditors (e.g. employees to be given priority ) separately. In the case of personal bankruptcy , the debtors often no longer have an overview of the number of their creditors, so that the list of claims must be prepared on the basis of existing invoices . In the case of attachment of claims, the application to the enforcement court must also precisely determine the claim to be attached.
Content of the statement of claims
The list of claims must contain:
- Main claim (s) of the obligee including arrears ,
- Additional claims such as extrajudicial dunning costs ,
- Costs , e.g. for lawyers , courts and bailiffs ,
- Summary of all payments ,
- detailed identification of each payment and its settlement,
- List of the remaining claim (s) still open on the calculation date,
- List of the calculated interest, default interest and such according to § 104 ZPO .
A separate list of claims is to be made by each debtor, explicitly indicating the aforementioned items.
See also
Individual evidence
- ↑ Thorsten Schneider, Get out of the debt trap , 2011, p. 54
