The Costs
Our fees are in line with registed detective agencies and service providers.
Reimbursement
Your costs in many cases will be refunded - usually by the one proved guilty by the
investigation. So you can get an idea of the circumstances in which a reimbursement will be made to you as a client in question, we have
put together some examples below.
Case studies
Detective costs are, if they were necessary to prepare the execution, set as a necessary cost of execution and therefore recoverable.
LG Freiburg i.B. 3 T 80/94
Detective costs are eligible if the measures taken by the appointed Detective findings on the circumstances of each case were necessary and not otherwise easier to obtain what is a prima facie case
by presenting the investigation report and specific accounting. The direct process-related findings of the detective must also have the procedural position of the principal advantageously
altered.
OLG München, 11 W 1592/93
The First Senate of the Oberlandesgericht Hamm (Az 115 W 405/68), Munich (Az W 1234/76), and Brunswick (Ref. 3 W 10/74) are in their final judgments, the cost of detectives as extrajudicial party
expenses refundable or refundable charge explained if they were necessary for appropriate legal action or defense.
Code of Civil Procedure Set 1, acc. 167.91, paragraph 1
Tenants who expose in a clearance process with the help of a detective, the subsistence reasons the landlord may be incorrect, get the landlord to replace detective costs.
AG, Hamburg, 38 C 110/96, 24.10.1991
Litigation detective costs are eligible if the involvement of a detective in direct connection with a concrete dispute is and the appointment of a detective when viewed objectively from the point of
view of the party to lead the litigation - in terms of relevant and good judicial prosecution or defense - necessary in the sense 91, Section 1 of the Code of Civil Procedure was.
OLG Koblenz 14 NW 671/90
Detective costs are to be reimbursed by the enemy, when they take place in relation to the importance of the matter in dispute within reasonable limits, were process-oriented, which aspired findings
could be regarded as necessary and a simpler clarification was not possible. In particular, it is conceded away insurers resident to use a detective to check for very high compensation demands in the
interests of their insured: These costs are to be reimbursed in a reasonable amount of opponents.
OLG Nürnberg 4 W 3657/90
Detective costs can be very often deductible. In a divorce, it is actually clear. Since there are exceptional costs of the rule. But just as well, if you feel terrorized by unknown and hires a
detective whose fee is tax deductible. If the customer is a trader or freelancer, the deduction is given as an operating expense in the rule.
Tax Court Hesse 8K 3370/88, EFG 89, p 579
Detective costs to determine an otherwise undetectable serious misconduct may be recoverable in proceedings for separation maintenance.
OLG Stuttgart 8 WF 96/88
Can a creditor to a debtor's address by a detective agency determine, because the debtor has not notified the police, the resulting costs are to be reimbursed by the debtor.
LG Aachen 5 T 75/85
In determining costs of enforcement are a detective to collect information about address, employer, financial position and creditworthiness of the borrower - even if they were unsuccessful -
necessary and thus recoverable.
LG Köln 9 T 106/83
The OLG.-Koblenz decided that the wife had her ex-husband to reimburse the cost of hiring a private detective in the amount of 7,000 EUR. After hearing of witnesses had been no clear result on the
question of whether the ex-wife in a non-marital partnership with a third party, the assignment of a detective was offered. This was able to establish that the ex-wife and her new life companion
lived together, eventually the verdict was influenced decisively in favor of the ex-husband. In addition to the usual process costs have ex-wife therefore also bear the detective costs in full, as it
had so far acted to necessary costs that were process-related and at their height - in proportion to the still for a long period anticipated alimony - were comparatively moderate.
OLG.-Koblenz, judgment of 09.04.202 - 11 WF 70/02
In the maintenance process detective costs are necessary for appropriate legal defense expenses, if the creditor is silent labor income, a detective found his place of work and the action taken by
him finding can change the procedural position of the debtor.
(OLG Schleswig, 15WF 1592/93)
An employer may claim for damages against an employee for expenses detective entitled costs when commissioning the detective was justified because of the concrete suspicion of a competing activity of
the employee.
A ruling by the state labor court Cologne, the claim for reimbursement applicable not only because the lessons learned from the private investigator did not go significantly beyond what the employer
already knew or without major effort would even be able to find out. Significant remedy is rather on the Enlightenment interest of the employer at the time of commissioning of the detective.
LAG Cologne, 10.10.2001, Az 932 Sat 7/00
Taking sick leave can be expensive! A "blue makers" must hintergangenen his employer if he indulges his inability to work during another activity, reimburse any costs detective.
LAG Mainz Az: Sat 5 549/99)
The cost of the assistance of an detective (here: 511.29 EUR) are necessary in a lawsuit, when a party has contracted him to determine the address of a witness who had been untraceable for the party
despite outdated information turned in two registers. The detective claimed costs were an appropriate prosecution within the meaning of § 91, paragraph 1, sentence 1 CCP. required and therefore are
to be borne by the defendant.
OLG Koblenz Az W 14 391/98
Shows the dependent child as a dependent requiring parent (in this case the father) to accept work (here: vocational training) is not independent and immediately and dependents parent liable found
this out with the help of a detective, the entire maintenance claim is forfeited. The costs for the detective to be replaced in each case by the dependent child, and it does not matter whether they
as legal costs, acc. § 91, Section 1 of the Code of Civil Procedure. or a claim under § § 823, 249 BGB. must be replaced.
AG Tempelhof Kreuzberg, Az 140 F 14873/98
In the maintenance process detective costs are necessary for appropriate legal defense expenses, if the creditor is silent labor income, a detective found his place of work and the findings made by
him can change the procedural position of the debtor beneficial.
OLG Schleswig 15 WF 218/91
Decisions of the highest German courts
Use the following links to find more information.
Decisions / judgments of the Federal Supreme Court (BGH):
www.kanzlei.de
Decisions / judgments of the Federal Labour Court (BAG):
www.bundesarbeitsgericht.de
The case studies presented here are for information only, is not this to be a legal advice.