Glossary · Austria and Germany

Assignment and collection assignment

Assignment transfers a claim to a new creditor. A collection assignment is the fiduciary assignment of a claim to a debt collection company for the purpose of collection; economically, the proceeds still belong to the creditor.

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Engagement and acceptance are governed by the terms.

Distinguish the concepts

A power of attorney authorises action for another person and differs from transferring the claim. A change of debtor is different again. The Austrian Supreme Court describes collection assignment as transfer with an internal fiduciary obligation. The assignee has creditor status towards the debtor; the internal duty concerning proceeds is a separate matter.

Jurisdiction and scope

Austria and Germany have their own assignment rules. Validity, scope, prior assignments and special restrictions require case-specific assessment. Uploading a new file does not itself transfer every possible right. Identify the claim and the agreement governing its transfer.

Illustrative business example

After handover, a customer pays the original business directly. The business records the date and amount and reports it promptly. Allocation is assessed against the assignment, relevant knowledge and applicable rules. incaseof.law’s terms contain specific reporting and settlement duties; direct contact should therefore not bypass the case record.

Common questions

Does everything remain with the original creditor?

The claim is transferred. The internal fiduciary duty and accounting for proceeds are separate.

Is assignment the same as selling a claim?

A sale can be implemented through assignment, but assignment can also serve another purpose such as collection.

What should I check before another handover?

Whether the claim has already been assigned, its scope and who may dispose of it. The contract and case file must identify the same claim.

Sources and basis

Content reviewed on 23 September 2026. Procedural information and our contractual terms are separate foundations. The individual case remains decisive.

Your next step

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