How can I defend myself against unjustified demands from creditors?
May 2, 2024 | 40,00 EUR | answered by Chloé Schmitt
Dear Sir or Madam,
I am reaching out to you as I urgently need help to defend myself against unjustified claims from creditors. My name is Lina Koch and I am the managing director of a small GmbH. Recently, several creditors have come forward claiming that the GmbH owes them money. However, I have carefully monitored all payments and liabilities and cannot explain where these claims are coming from.
The situation is causing me great concern as I fear that the reputation of the GmbH and my personal liability as the managing director are at risk. I have already tried to contact the creditors and provide evidence that the claims are unjustified, but unfortunately, I have been met with deaf ears.
I am therefore seeking legal options to defend myself against these unjustified claims and protect the reputation of the GmbH. Are there legal steps I can take to convince the creditors that their claims are not justified? How can I prevent the situation from escalating and ultimately leading to insolvency for the GmbH?
I would be very grateful if you could assist me in this matter and provide me with information on my legal options.
Sincerely,
Lina Koch
Dear Mrs. Koch,
Thank you for your inquiry and your trust in my expertise in the field of corporate law. I am sorry to hear that you are faced with unjustified demands from creditors. This situation can be very stressful, especially when the reputation of the GmbH and your personal liability as managing director are at stake.
First and foremost, it is important that you carefully review all documents and receipts to ensure that there are indeed no outstanding claims. If you find that the creditors' demands are unjustified, there are various legal steps you can take to defend yourself against them.
As a managing director of a GmbH, you have a certain duty of care and responsibility towards the company and its creditors. If you find that the demands are unjustified, you can inform the creditors of this in an official letter and provide all relevant evidence and documents to support your position. It may also be advisable to take legal action, such as a negative declaratory action, to have the court determine that the claims do not exist.
Furthermore, you can also seek the advice of a corporate lawyer who can assist you in enforcing your legal rights. An experienced lawyer will help you analyze the situation, plan legal steps, and convince the creditors of the unjustified nature of their claims.
It is also important that you maintain professional and factual communication with the creditors to avoid escalating the situation. Stay calm and always keep an overview of the legal options available to you.
I hope this information is helpful to you and can support you in your matter. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Chloé Schmitt
Corporate Lawyer
