Important: Retention of Title (ROT) in Germany
Germany has comprehensive, seller-focused ROT regulations, but they must be set up correctly before delivery. If you're selling goods to German customers, this is crucial for protecting your interests.
Three types of ROT in Germany:
- Basic ROT: Goods remain your property until payment is made in full. You can reclaim them if needed.
- Increased ROT (Open accounts): In ongoing relationships, supplied goods remain your property until all outstanding amounts from the entire business relationship are paid.
- Extended ROT: Advance assignment of claims. Under German Commercial Code §354a, advance assignments are effective despite non-assignment agreements between the buyer and third parties.
Critical: Your debtor must acknowledge ROT clauses before receiving the first invoice. Get signed proof that the trading conditions were agreed to. Otherwise, you lose the benefits of German ROT protections.
Key German debt collection laws you should know
Prescription (statute of limitations)
- General claims: 3 years, starting at the end of the year, the claim becomes due
- Transport claims: 1 year from delivery (under CMR Geneva Convention)
Don't wait too long. Once the prescription kicks in, your options narrow significantly.
Appeals threshold
Judgments can be appealed if the amount exceeds EUR 600, triggering a second verdict by the court of the second instance.
Costs in the legal phase
Court fees and lawyer fees are determined by:
- RVG (law on lawyers' fees)
- GKG (law on court fees)
All costs depend on the principal amount. The losing party bears legal costs per German Code of Civil Procedure §91ff.
A debt collection partner with 100+ years of experience
Atradius Collections isn't new to this. We bring over 90 years of global credit management experience and the backing of the wider Atradius Group.
Our credentials:
- Founded: 1925 (Netherlands); German roots via Gerling Credit (1954)
- Global presence: 40+ countries with local offices
- Coverage: 96% of countries worldwide through our international network
- Clients served: 16,000+ businesses globally
- Annual recoveries: €350+ million collected each year
- Part of: Grupo Catalana Occidente, one of the world's leading credit insurance groups
In Germany, our Cologne-based specialists work hand in hand with international experts. Whether it's a straightforward unpaid invoice or a complex cross-border receivable, you get the same consistent, professional process.
Case study: HP Inc.
Challenge
Collecting unpaid invoices from commercial customers was draining HP Inc.'s resources. Customers were unresponsive, and recovery rates were disappointing.
Solution
HP Inc. partnered with Atradius Collections for amicable debt collection, a relationship that's now lasted over 10 years.
Results
Atradius Collections has both the global and local know-how. There were lots of cases, and the success rate was very high. In some cases, we were simply unable to collect the debts. But right away, Atradius Collections achieved impressive results.
Alex Gasca, Global Default and Recovery Manager, HP Inc.
HP Inc. developed a hybrid approach integrating Atradius Collections into their internal strategy. Today, when they hand over cases:
The work and man-hours put into them drop to close to zero. Because Atradius Collections follows up for us, from providing incentive payment plans to handling situations. We get to keep internal efforts to a minimum while also getting recoveries.
Alex Gasca, Global Default and Recovery Manager, HP Inc.
The verdict
Atradius Collections gives us peace of mind. It also gives our senior executives comfort that we are not just writing off. We are now moving cases to someone who can help with recovery... I'm really impressed with Atradius Collections. Yes, I am.
Alex Gasca, Global Default and Recovery Manager, HP Inc.