An official acknowledgment of debt is concluded by means of a contract between the debtor and the creditor. At the same time, it describes the debtor’s obligation to pay a sum x to date x to the creditor. Also a installment payment agreement can amount to a debt acknowledgment, if this is linked by one. If a debtor does not fulfill his obligations, various possibilities arise for the creditor. In general, there are three types of acknowledgment of guilt.
Types of acknowledgment of guilt
First, the abstract or constitutive acknowledgment of guilt should be mentioned. On the other hand, the declaratory acknowledgment of guilt and the factual knowledge are to be distinguished. Actually regulated in the law is only the abstract acknowledgment according to § 781 BGB. Here a completely new liability is taken, which can deviate from the original reason for guilt. The claim of the creditor is recorded and recognized by the debtor. The will to bind the law must be given. Once the signature has been submitted, this recognition of the debt is binding and the creditor can use it to deny official legal channels.
The declaratory acknowledgment exists when an existing debt or claim is merely confirmed. This can be facilitated proof and escaped a dispute in court. Thus, even statute of limitations or warranty rights in court can no longer count as a reason. New obligations are not created.
The fact-finding does not refer to an existing guilt, but to a fact. This means that the debtor recognizes or refers to a fact. For example, in a car accident, when the debtor takes an accident on his own cap.
When are abstract acknowledgments of guilt applied?
Debt acknowledgment in general facilitates litigation. In the abstract version, the acknowledgments are mostly used in connection with payment service contracts. It is important to know, however, that a recognition of a debt is always a contract and sealed with a signature. The claim is thus officially recognized and this has also in court. Debt collection companies often resort to this and require debtors to send a debt confession by mail. In some cases, company employees are also sent home to obtain a signature. This is not to be confused with bailiffs, as debt collection agencies have no right to invade debtors’ homes to enforce signatures.
Of course, acknowledgment of guilt not only occurs in debt collection companies, they also occur in banking. For example, they occur with payments by credit or debit card, if this is used. Likewise, recognitions of traffic accidents can be made if the culprit declares responsibility for the accident. However, the submission of such a declaration is not an obligation here and an admission does not exempt the liability insurance from payments.
The signature recognizes all claims
Especially debt collection companies often seize the opportunity and let their debtors recognize unlawful claims. Even those who have nothing to do with the main fault. Such as fees or expenses incurred. Anyone wishing to sign a debt report should check the claim in advance and in no case sign wage assignments. Those who do not know their rights in this context should seek help. Those who simply sign, may recognize claims that the debtor would never have had to pay. Afterwards, it is usually too late.