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Siegwart German American Law Enforcement of Judgements
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The enforcement of civil judgments and arbitration awards in Germany is quite different from the procedures you would follow in the United States, and so are the defenses which are available to judgment debtors.
Holger Siegwart, Esq. has practiced law and enforced judgments in Germany for many years before he was also admitted as an attorney in the United States.

SIEGWART GERMAN AMERICAN LAW uses this unique background to assist individual and corporate judgment creditors in Germany.
  • Foreclosures and Levies in Germany: SIEGWART GERMAN AMERICAN LAW enforces civil judgments in Germany, including foreclosure of real property, levy of bank accounts and personal property, wage garnishment etc.

  • Enforcement of US Judgments in Germany: Judgments obtained in a US court are not per se enforceable and are not entitled to full faith and credit in Germany, as sister state judgments are in other states of the Union. Enforcement of foreign judgments requires prior recognition by a German court.  SIEGWART GERMAN AMERICAN LAW represents individual and corporate clients and assists them with the judicial recognition and subsequent enforcement of US Federal Court and State Court judgments in Germany.

  • Enforcement of Arbitration Awards: Arbitration awards obtained in the United States are enforceable in Germany

  • Amendmend of Judgments: Judgments must be amended in order to be enforceable against successors in interest, if names have changed, etc.

  • Debtor Search in Germany: Locating individual and corporate debtors in a foreign country is extremely difficult if you are not very familiar with local procedures and customs, even if you speak the language. In many instances, time is of the essence. We know how to identify and track down debtors in Germany, both corporate and individual.

  • Asset Search in Germany: Asset search in a foreign country is quite challenging. SIEGWART GERMAN AMERICAN LAW assists clients with the identification and location of debtors’ property in Germany, including real property, bank accounts, etc. We can help you to obtain credit reports on debtors in Germany, both corporate and individual. 

  • Liens: We assert and register liens against debtor property, accounts, claims etc. in Germany.

  • Fraudulent Conveyance: The validity of transfers made by debtors to spouses, relatives and third parties, including other creditors, can be challenged under German law; fraudulent transfers which frustrate or impair recovery may be set aside in court; statutes of limitation and procedural requirements differ from US law and require strict compliance in order to avoid loss of creditors’ rights.

  • Debtor Defense: We defend debtors and owners of property in Germany against foreclosures, levies, and liens under German law. Holger Siegwart, Esq. has practiced law in Germany for many years and is familiar with debtor strategies and tools to delay or even avoid loss of rights and property.

  • Enforcement of German Judgments in the US: SIEGWART GERMAN AMERICAN LAW represents clients who seek recognition and enforcement of German judgments in the US. We also defend clients against recognition and enforcement of German judgments in the US. Our experience and expertise in German law is extremely valuable when it comes to challenging proper service, defaults, due process, and other issues relevant to secondary recognition and enforcement proceedings in the United States.

  • Service of Process in Germany: Several methods of service recognized in US jurisdictions are not considered valid under German law and vice versa. Moreover, formal requirements are strictly enforced under German law and mistakes may cause irreversible damage. We coordinate timely and valid service of process in Germany for our clients; valid service is a mandatory requirement for any enforcement in the future.

  • Legal Opinions on enforcement of judgments and fraudulent conveyances by debtors under German law. Comparative and bilingual opinions are available.


 


 

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