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Civil action

Business in GermanyCivil actionDebt collectionGoing to courtInternational LitigationLitigation in Germany

Costs of Debt Collection in Germany

Pre-action letter and issuing civil claim against debtor in Germany If you have a claim against a person or a business who are based in Germany and who are unwilling to pay, you will in many cases have to take that debtor to court in Germany, unless you have been able to agree your own country as place of jurisdiction in a contract (which is not quite that easy to do, especially in consumer contracts).…
Bernhard Schmeilzl
May 17, 2024
Civil actionCriminal LawGerman LawGerman Tort LawGoing to courtInternational Litigation

Covert Audio Recordings are illegal in Germany

Recording phone or video calls without all-party consent is a criminal offence Journalists from common law jurisdictions are often surprised or even shocked when they learn that any kind of audio recording - whether covert or open - is illegal under German law, unless the speaker who is being recorded addresses "the public", for example makes a political speech. Such an audio recording without all party consent is even a criminal offence in Germany, see…
Bernhard Schmeilzl
February 9, 2024
Business in GermanyCivil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance Law

Less Cricket. More Baseball!

GrafLegal creates US-German Legal Desk Too much cricket, not enough baseball! That's essentially what our marketing people told us after finding that 65% of all posts on our various law blogs deal with UK-German legal issues, only 35% with USA related topics. We may just have gone a bit too much Downton Abbey on everyone. Enough of that, let's balance the scales! The German law firm for US-German legal matters To start off our US…
Bernhard Schmeilzl
March 29, 2022
Business in GermanyCivil actionGerman LawGoing to courtInternational LitigationLitigation in Germany

Guide to Civil Litigation in Germany

101 on German Civil Lawsuits Download your free brochure If things go sour in international business relationships, U.S. or British businesses may find themselves in a German legal dispute. In this situation, many American and British business owners and CEOs make the same mistake: They assume that a German civil lawsuit will be “somehow similar” to what they know from home. They couldn't be more wrong! Very different Procedure Rules. Litigating in a German court…
Bernhard Schmeilzl
March 21, 2022
Civil actionDebt collectionGerman LawGoing to courtLitigation in Germany

The German Court System

Structure of the German Civil Courts explained If you need to bring a claim before a German court of law, this chart shows you which German court has jurisdiction and how many judges will hear your case:   The chart is taken from our expert law blog https://www.germancivilprocedure.com on which our German expert litigators explain many aspects of German civil procedure. You can also ask for our 20 page brochure: Civil Litigation in Germany -…
Bernhard Schmeilzl
January 18, 2022
Civil actionDebt collectionInternational LitigationLitigation in GermanyProcess Server Germany

Process Server in Germany

How to serve legal documents in Germany We have previously explained why there is no tradition of instructing a private process server in Germany (see here). Since our law office GrafLegal specialises in international civil and commercial litigation, we are frequently contacted by British, US and Canadian law firms who need to serve court papers or other important legal documents on a party who is resident or has their legal seat in Germany. In order…
Bernhard Schmeilzl
November 10, 2021
Civil actionEuropean ProbateGerman ProbateGoing to court

Experts on Contentious Probate in Germany

How to challenge a German Last Will and Testament  German Probate Courts routinely issue a German Grant of Probate (Erbschein) to the applicant without any pro-active investigation into the question whether the testator did possess legal capacity or not. In other words, if nobody comes forward to challenge the validity of the last will, the German court will issue the Erbschein even if the German testator had suffered from severe dementia at the time the…
Bernhard Schmeilzl
October 29, 2021
Civil actionGoing to courtInternational LitigationLitigation in Germany

Dispute Resolution in Germany

GP Law - Leading Anglo-German Litigation Lawyers since 2003 British-German dispute resolution has been the focus of Graf Legal LLP ever since the firm was established by litigation experts Birgit Graf and Bernhard Schmeilzl about 20 years ago. Based in the south of Germany, with offices in Munich and Regensburg, we provide English speaking clients with bespoke advice in commercial and high profile private client litigation cases throughout Germany. Head litigator Bernhard Schmeizl has more…
Bernhard Schmeilzl
September 27, 2021
Civil actionGoing to courtLitigation in Germany

Graf Legal – The German Litigation Lawyers

We specialise in German commercial litigation since 2003 When German civil litigation expert Bernhard Schmeilzl co-founded Graf Legal LLP back in 2003, the goal was to provide top notch German legal advice for British and US-American clients, with a clear focus on high stakes civil litigation cases. And this is exactly what the Bavaria based boutique litigation firm has done ever since. Every day, we explain German law and especially German civil procedure rules to…
Bernhard Schmeilzl
September 27, 2021
Business in GermanyCivil actionLitigation in Germany

How to Win Commercial Lawsuits in Germany…

... is something we explain to our UK and US clients for more than 20 years now. Our German commercial litigation boutique specialises in advising and representing British and American businesses in civil and commercial courts throughout Germany. More on the German court system here.  In a German courtroom, pretty much everything is different! If you are a British or American litigator dealing with a German civil lawsuit: Forget everything you think you know about…
Bernhard Schmeilzl
September 15, 2021