Creditor

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  1. Forderung
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  3. Schuldner
  4. Gläubiger
Table of contents:
  1. What is a Creditor?
  2. Rights of a Creditor
  3. Duties of a Creditor
  4. Types of Creditors
  5. Creditors in the Debt Collection Process
  6. Common Questions About Creditors

What is a Creditor?

A creditor is a person, company, or institution that has a claim against another person or company, known as the debtor. This means the creditor has the right to a specific performance, usually the payment of a sum of money. This claim typically arises from a contract, an invoice, or a legal obligation.

Rights of a Creditor

A creditor has the right to demand the performance owed by the debtor. This primarily includes the payment of the owed amount. If the debtor does not pay voluntarily, the creditor can take legal action, such as sending a reminder, hiring a debt collection agency, or initiating legal proceedings. In extreme cases, the creditor can also enforce a court-ordered debt collection to recover the money.

Duties of a Creditor

A creditor is obligated to substantiate and justify the claim. Before taking legal steps, the creditor must give the debtor the opportunity to settle the debt. Additionally, the creditor must not make unjustified or inflated claims. When negotiating with the debtor, the creditor should act fairly and transparently.

Types of Creditors

There are different types of creditors, distinguished by the nature of their claim or their legal status:

  • Private Creditor: An individual who has a claim against another person, for example, from a loan.

  • Public Creditor: A government institution, such as the tax office, which has a claim from taxes or fees.

  • Secured Creditor: A creditor whose claim is secured by collateral, such as a mortgage.

  • Unsecured Creditor: A creditor who has no special security for their claim and therefore bears a higher risk if the debtor becomes insolvent.

Creditors in the Debt Collection Process

In the debt collection process, the creditor plays a central role. They may hire a debt collection agency to enforce their claims against the debtor. The agency handles communication with the debtor and attempts to collect the outstanding debt. If the debtor does not pay, the agency, on behalf of the creditor, can take further legal actions, such as initiating legal proceedings.

Common Questions About Creditors

How do I become a creditor?

You become a creditor by lending money to someone, providing a service, or selling goods that the debtor has not yet paid for.

What can a creditor do if the debtor doesn't pay?

If the debtor doesn't pay, the creditor can send a reminder, engage a debt collection agency, or take legal action, such as filing a lawsuit or enforcing a court order.

What risks does a creditor face?

A creditor faces the risk that the debtor might become insolvent and fail to repay the debt. Unsecured creditors, in particular, often have slim chances of recovering their money if the debtor goes bankrupt.