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Frequently Asked Questions
I. General Questions
- I have moved. Do I need to notify KSP of my new address? How do I go about doing that?
You should most definitely do this, as doing so will ensure that you receive all of our letters and that you do not miss out on important information (e.g. deadlines, appointments, etc.). If, while processing a claim, we learn that the address we have in our records is no longer correct, we may have to initiate costly measures to determine the correct address. You would then be liable for these costs. You can avoid incurring such costs by notifying us of a change of address.
You can notify us of a change of address at any time by post, phone, fax or email, or via our service portal.
- When I call KSP, why do I have to give my details in order for them to be checked against the records?
This is necessary for your own security. We are legally obliged to verify a person’s identity. This means we have to determine that the person who contacts us is indeed the person authorised to do so with regard to our mandate. We naturally only share information with third parties who call us on your behalf if you have granted them power of attorney. You can therefore rest assured that we will not share any information regarding matters that only concern you with unknown persons.
This confidentiality obligation for lawyers is governed by Germany’s Federal Lawyers’ Act (Section 43a  BRAO) and by the Rules of Professional Practice for Lawyers (Section 2 BORA).
- I have some questions for KSP. How can I contact KSP?
If you have questions regarding the claim, payment options, the next steps or any other issues, please do not hesitate to contact us. You can contact us by phone, post, email or fax, or via our service portal, which includes a live chat function.
Important: Please state the reference number given in the letter in order for us to be able to clearly identify your case and respond to the matter in hand. You will find this reference number below the date.
You can contact us with your enquiries as follows:
KSP Kanzlei Dr. Seegers, Dr. Frankenheim Rechtsanwaltsgesellschaft mbH
Tel.: +49 (0)40 4506 5750
Fax: +49 (0)40 4034 4711
You can use our service portal to, for example, make a payment proposal, request an up-to-date list of receivables, leave us a message, arrange to be called back or talk to us in a live chat. Regardless of how you contact us, please always state our reference number.
- I have received a letter from KSP. What does this mean?
We wrote to you because our client instructed us to assert their claim against you. The letter gives details of our client’s name, the amount being claimed and a breakdown of the claim. With immediate effect, we are your point of contact for all matters relating to the claim being asserted.
- Can I likewise instruct somebody else (parents, children, siblings, friends, acquaintances, etc.) to handle the matter for me?
You may, of course, authorise a third party to contact us with regard to your matter. In the interests of your security, we need evidence of the fact that the nominated person is authorised to speak on your behalf. Please therefore send us a letter of authority for the person with whom we are permitted to discuss the next steps.
II. Questions regarding payment methods and the claim
- I have already made some payments to KSP. What is the sum of the outstanding claim right now?
You can request an up-to-date list of receivables via our service portal. Alternatively, feel free to contact us in this regard and we will send you the list.
- I have a question about the claim. What should I do?
If you have any questions about the claim, please do not hesitate to contact us. Please have our reference number at the ready when you contact us. We are confident that we can work together to answer your question.
- I don’t believe the claim is justified. Should I simply ignore the letter from KSP?
No, you should certainly not do this, because if you fail to make us aware of your objections and concerns, you will have to reckon with our potentially pressing ahead with legal proceedings at your expense. If we consequently secure a writ of execution, you can be subject to a levy of execution for a period of 30 years. Objections can no longer be raised following legally effective enforcement (an enforcement order or a court ruling).
It is therefore essential that you contact us and make us aware of your objections. Please also feel free to send us any documents you may have that you believe prove a claim is not justified. We will, of course, look into your objections and are confident that we can clarify the situation.
- Why should I make my payments to KSP? Can I not make the payments to the company to whom I actually owe the sum?
You absolutely must make your payments to KSP, as our client has charged us with asserting the claim and has authorised us to collect the payments. Please note that settling the principal claim directly with our client has no bearing on your obligation to pay any costs incurred, charges and interest/late payment fines.
- I arranged instalments with KSP and am unable to pay this month’s instalment on time. Can I simply make a late payment?
Please be sure to contact us in good time. We are happy to look into whether an instalment sum can be changed on a case-by-case basis. If you fail to contact us and, contrary to the agreement made with us, an instalment is not paid, the instalment agreement will be deemed invalid and we will recommend that our client presses ahead with legal proceedings.
- I am unable to pay the sum demanded in a single payment. Can I make instalments instead?
Please contact us in this regard. We are happy to look into whether instalments are an option in your case.
- Can a third party make a payment for me?
Yes, a third party can, of course, make a payment for you. All that matters is that our reference number is always provided so that we can identify the payment as relating to you.
- I am unable to meet the payment deadline stipulated by KSP. What should I do?
Please contact us. We are happy to look into changing the payment due date in individual cases. If you do not contact us, you will have to reckon with legal proceedings continuing once the payment deadline has passed, and this will result in additional costs.
- How can I make payments to KSP?
All of our letters include the details of an account into which a payment can be made. There are various ways in which you can make a payment:
1. By bank transfer to our account
2. By paying in cash at a bank (please note that you will incur additional bank charges in this case)
3. By means of a SOFORT Überweisung Paycode (please contact us for details)
4. In individual cases, we also offer claim settlement by direct debit. Please speak to us in advance if you are interested in this.
IMPORTANT: When making a payment to us, please be sure to state our reference number in the reference field, so that we can allocate the payment correctly. If you need an up-to-date list of receivables in order to find out what the full outstanding claim sum is, please do not hesitate to contact us, or simply request an up-to-date list via our service portal.
III. Legal Dunning Proceeding
- I have been sent a default summons. What should I do?
If you have any questions about the default summons, please do not hesitate to contact us. Even once dunning proceedings have been initiated, the claim can still be settled or, if necessary, a payment agreement can be reached in order for you to avoid incurring additional costs.
- I have been sent an enforcement order. What should I do?
If you have any questions about the enforcement order, please do not hesitate to contact us. Even if you have received an enforcement order, the claim can still be settled or, if necessary, a payment agreement can be reached in order for you to avoid incurring additional costs.
IV. Levy of execution
- My bank account has been garnished. What should I do?
In this case, please contact us without delay so that we can discuss how to proceed and to allow us to devise a solution.
If complete settlement of the full claim is not possible and the third-party debtor declaration to be sent to us by your bank reveals that there is no attachable balance in the garnished account, instalments can, in principle, still be arranged at this stage. If the instalments are then paid as agreed, we will propose that the attachment/garnishment be suspended. It is dependent on the third-party debtor in question, i.e. your bank, as to whether this is then accepted.
We will only issue a release declaration to your bank once the entire claim has been settled in full.
- I have been threatened with a levy of execution. What should I do?
In this case, we have been awarded a writ of execution against you (for example, an enforcement order or a court ruling). A writ of this kind authorises the creditor to effect execution measures (such as bank account attachment, garnishment of wages, repossession) and is enforceable for a period of 30 years.
Please therefore contact us without delay so that we can come up with an appropriate solution. This is the only way in which you can avoid incurring additional costs in relation to the levy of execution.
- I am currently insolvent proceedings regarding my assets are currently
In this case, please contact us without delay. Insofar as insolvency proceedings have already been initiated, please send us the corresponding court order for the commencement of proceedings. If preparations for insolvency proceedings are currently under way, we suggest that you or your debt advisor etc. contact us in order to discuss how to proceed.
- Will the SCHUFA credit rating agency be notified of the disputed claim?
This depends on the case in question. Please contact us in this regard. We can let you know whether the agency has already been or is due to be notified.
VI. Any other questions?
If your question had not been answered yet, please don't heasitate to contact us.