Frequently asked questions about debt management

incaseof.law is a digital platform for licensed debt management. As a debt collection institute licensed in Austria (Sec. 118 GewO, GISA 32140156) and Germany (registration under the Legal Services Act, BfJ ref. 2024 0000 8388), we enforce outstanding claims, from the first extrajudicial payment request through court proceedings to enforcement in Austria and Germany. Behind this stands a promise built on three values: law (a secure legal basis in both countries), money (100% of the principal claim stays with the creditor) and peace of mind (complete relief from dunning work).

Traditional debt collection agencies often work file-based, with manual handoffs and system breaks between extrajudicial collection and court, and with remuneration models that keep a share of the claim. incaseof.law combines a fair cost structure with no success commission and no deduction from the principal claim, fully digital case handling with transparent status tracking in the portal, and a direct connection to electronic legal communication with the courts, through which judicial steps are initiated without switching systems. This combines the speed of a software solution with the legal certainty of a regulated institute.

No, and that is deliberate. incaseof.law automates where automation brings speed and precision: prioritisation, deadlines, dunning runs and electronic court filings. The legally relevant decisions, however, are made by a person. Purely AI-driven models primarily optimise recovery rates and contact channels; at incaseof.law the legal assessment, the validity of the claim, limitation periods, objections and the escalation strategy remain the responsibility of qualified case handlers. Automation under legal supervision instead of an algorithm without control: that is the difference that counts when a claim is disputed.

For creditors there is no success commission, and no share of the principal claim is withheld. The costs caused by the default are generally borne by the defaulting debtor. What the customer owes goes fully to the creditor's account after successful collection: your money belongs in your account.

Many established providers, traditional institutes as well as newer AI platforms, finance themselves through a commission on the recovered claim. A share of every euro collected then stays with the service provider. Not with incaseof.law: the service is covered by the default interest and collection costs borne by the debtor, so the principal claim reaches the creditor without deductions. The smaller the claim, the clearer this difference becomes.

In Austria, collection costs are a substantive claim for damages under Sec. 1333(2) of the Austrian Civil Code (ABGB): the debtor reimburses the necessary and appropriate collection costs, provided they are proportionate to the claim. The maximum rates are set by the ordinance on the maximum remuneration due to debt collection institutes (Federal Law Gazette No. 141/1996 as amended). In Germany, reimbursement follows Secs. 286 and 288 of the German Civil Code (BGB) in conjunction with the Lawyers' Remuneration Act (RVG). incaseof.law only charges within the legally permissible framework.

Yes, but not at the creditor's expense. When the debtor pays in full, our services are covered by the default interest and collection costs borne by the debtor. The principal claim reaches the creditor without deductions. incaseof.law finances itself from the default, not from the creditor's revenue.

A claim can be handed over as soon as it is documented, due and undisputed on the merits, for example through an open invoice. Previous reminders are helpful, but not a requirement. For judicial enforcement it is also relevant that the claim can be quantified and the debtor clearly identified.

It makes sense whenever liquidity needs to be protected and your own team relieved of dunning work. It is especially worthwhile for recurring payment defaults and for smaller claims that would otherwise hardly be worth enforcing, without straining the customer relationship.

The creditor uploads the outstanding claim, incaseof.law takes care of the rest. The platform prioritises, sends reminders and escalates automatically, but under human control: first out of court and, where necessary, in court, in Austria via electronic legal communication (ERV), in Germany via the electronic system of the dunning courts. The status of every claim is transparently visible in the portal at any time.

This is decided case by case. Recent, undisputed or smaller claims usually take the extrajudicial route first, which protects the customer relationship. Disputed or older cases are escalated directly to court proceedings where needed, in Germany via the automated application for default summonses and enforcement orders, in Austria via the summary payment action and the enforcement application in the ERV.

The duration depends on the debtor's payment behaviour. If they respond to the extrajudicial request, the matter is often settled within a few weeks. If there is no response, judicial escalation follows. The direct connection to electronic legal communication avoids the manual handoffs and waiting times that slow down traditional, file-based processes.

Yes. incaseof.law offers a fully automated connection through which claims are handed over directly from your accounting or ERP system. The transfer is encrypted. Connections to common accounting and ERP systems are available via established integration routes.

No. incaseof.law is a pure web platform. All you need is a browser and your login details. For higher case volumes, the API or connector integration with your existing system is also available.

Yes. incaseof.law processes data in full compliance with the GDPR and aligns its systems with recognised security standards (ISO 27001). Data is stored in EU data centres and transferred encrypted throughout. Details are set out in the privacy policy.

Yes. Enforcing an open, justified claim is a legitimate interest of the company within the meaning of Art. 6(1)(f) GDPR and legally covers the transfer of the necessary debtor data. This data is processed exclusively for the purpose of debt collection.

For debt collection, incaseof.law generally acts as an independent controller, since the legal service is provided at its own professional discretion. Where pure data processing on behalf is provided, it is based on a data processing agreement (DPA) under Art. 28 GDPR. The exact allocation of roles follows from the terms and conditions and the DPA.

Responsibly. incaseof.law relies on objective, digital and telephone dialogue instead of pressure, with no field service and no home visits. In cases of demonstrable hardship, instalment plans, deferrals or, in justified cases, a waiver of default interest are offered. A fair procedure protects not only the debtor but also the creditor's reputation, and in our experience leads to payment faster: peace of mind for both sides.

As an institute licensed in both countries, incaseof.law pursues claims on both sides of the border from a single source. For Austrian creditors with German debtors, the automated application for default summonses and enforcement orders is used in Germany; conversely, in Austria the summary payment action followed by the enforcement application in the ERV applies. The applicable cost and interest rules are taken into account per country. This dual authorisation distinguishes incaseof.law from providers registered in only one country.