Debt collection company Burgschild demands old DigiRights Administration debts
Fast help from a lawyer with old claims from Burgschild
Burgschild Inkasso is currently tasked with collecting outstanding debts on behalf of DigiRights Administration. Many people are currently contacting our law firm. They all have something in common: They have received a letter from Burgschild Inkasso GmbH stating that the company is collecting debts on behalf of DigiRights Administration GmbH. Some have even received multiple letters from Burgschild Inkasso GmbH.
How did Burgschild Inkasso obtain my data?
Most recipients of the current payment demands from Burgschild Inkasso GmbH received a cease and desist letter some time ago, primarily between 2013 and 2018, from the law firm Daniel Sebastian on behalf of DigiRights Administration GmbH. For a long time, it was assumed that the statute of limitations for such civil claims was three years. However, the Federal Court of Justice (BGH), Germany's highest civil court, has ruled that copyright claims for damages in file-sharing cases are time-barred after 10 years, not three. Therefore, old claims are now being revisited in order to enforce them shortly before the statute of limitations expires. Since the number of copyright-related file-sharing cease and desist letters has declined significantly in recent years, there now appears to be more time to address these old cases.
Before the warnings were issued by the Daniel Sebastian law firm, they filed a claim for information against your internet service provider and obtained your data (name and address) from your provider via your IP address. This resulted in you receiving a warning at the time – at least, this was the case in most cases. However, some affected individuals who have now received a payment request from Burgschild Inkasso GmbH state that they never received a warning. However, in our opinion, this is likely the exception.
Can I just ignore the letter?
Please do not neglect a payment request from Burgschild Inkasso GmbH. If you do so, there is a possibility that the company may take legal action against you if you do not pay voluntarily. This would incur additional costs and could even lead to a SCHUFA entry or similar negative consequences.
Avoid SCHUFA entry after payment request from Burgschild Inkasso GmbH!
The letters I have received from Burgschild Inkasso GmbH do not currently threaten a SCHUFA entry. However, it is to be expected that this could be the case in future payment requests. Apparently, the pressure on those affected is increasing to achieve payment. If the claims are justified and sufficient reminders are sent, the creditor is entitled to submit a report to SCHUFA or another credit reporting agency, which can lead to a negative SCHUFA entry. This can cause significant problems when concluding contracts, not only with credit agreements but also with fixed-term contracts (e.g., cell phone contracts, gym memberships).
It is therefore extremely important to defend yourself against unjustified demands.
As a lawyer who has already helped thousands of people who have received warning letters, I am happy to offer my support to represent you against Burgschild Inkasso GmbH regarding the claims made by DigiRights Administration GmbH. I am familiar with the letters from Burgschild Inkasso GmbH and know how best to respond to them.
About the author
Anne-Kathrin Renz
Anne-Kathrin Renz is a lawyer, data protection officer, and lecturer. She completed the theoretical part of her specialist lawyer training in intellectual property law and IT law. In her blog, she reports on current topics from the digital world of law.
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