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Quite practical: debt collection agencies ring alarm bells when traffic fines occur
Attorney Dominik Leiter gives useful legal tips for practice in the automotive industry.
Quite practical: debt collection agencies ring alarm bells when traffic fines occur
Not only for holidaymakers, but especially for companies operating across borders, they are a nuisance that should not be underestimated: traffic fines from abroad. Not only are the legal basis of these penalties often difficult to understand, but their amount also often appears significantly excessive, especially compared to the penalties we are used to in this country. It is all the more annoying when you only find out about a penalty when you are bombarded with a flood of emails, letters, calls and text messages from an intrusive debt collection agency, which often also demands exorbitantly high collection costs. But what should be the correct procedure in such a case?
One thing needs to be said first:Justifiably imposed traffic fines must be paid, even if they were committed in another country. Almost all EU countries have agreed on mutual enforcement of traffic fines - so simply burying your head in the sand is usually not the right solution. Ideally, the penalty should be paid as promptly as possible, as some countries provide for a substantial increase in the penalty if payment is not made within a certain period.
However, caution is advised when collecting money through debt collection agencies. For example, it is inadmissible for an EU country to use a debt collection agency to enforce a traffic fine abroad, as this is not simply a claim under civil law, such as a purchase price claim, but rather a penalty under public law. In order for this to be legally imposed, delivery must be carried out by the Austrian authorities at the request of the foreign authorities. In addition, cases are becoming known again and again in which debt collection agencies try to collect penalties that have expired or have even already been paid.
That's why when you receive a traffic fine, it's important to keep a cool head and not be intimidated by the actions of debt collection agencies. If necessary, it may be necessary to seek legal support in order to have the penalty reviewed or to take action against the debt collection agency's persistent collection attempts.
The author: Dominik Leiter is a lawyer and partner at Weisenheimer Legal in Vienna