Instead of Lengthy Proceedings: Stuttgart Detectives Obtain Notarial Acknowledgement of Debt

Legal Proceedings or an Out-of-Court Settlement?

Many companies face an alarming amount of inventory shrinkage and lost revenue during their annual stocktaking. Unfortunately, this often results not only from staff negligence or incorrect stock records but also from criminal acts committed by employees. Such was the case for a respected food retailer in Stuttgart who, during last year’s inventory, discovered that non-perishable goods worth more than €100,000 had gone missing and could not be traced in any sales or inventory lists. While minor discrepancies might have been overlooked, these substantial losses shocked both the warehouse manager and the management board, leading them to engage our private investigators in Stuttgart to monitor internal and external transport routes. Our detectives discreetly followed selected delivery vans on random days to identify which employees were embezzling goods and selling them on illegally.

Since two employees had already drawn suspicion and been warned, our Stuttgart detectives focused on them in particular. The company’s main goal was not only to identify and legally prove the perpetrators’ guilt but also to avoid lengthy dismissal and compensation proceedings by having the offenders sign a notarial acknowledgement of debt, thus resolving the matter quickly and efficiently.

Notarial Acknowledgement of Debt: Definition and Advantages

A notarial acknowledgement of debt is a document certified by a notary public, legally confirming that one person (the debtor/offender) acknowledges their debt to another (the creditor/victim). Once signed, the debtor generally has no further legal grounds to dispute their obligation. Such acknowledgements are often proposed to resolve cases swiftly, secure prompt compensation payments, and spare all parties from drawn-out court proceedings. Unlike court payment orders, a notarial acknowledgement effectively excludes subsequent legal challenges. According to our Stuttgart detective agency’s experience, there are still some lawyers who attempt to have such acknowledgements overturned by claiming their clients signed under duress – for instance, through threats. However, we have never encountered a single case where this manoeuvre deceived the creditors or a court. The reason is simple: our private investigation agency always ensures that any discussions surrounding a notarial acknowledgement take place in the presence of multiple witnesses, including impartial ones such as the certifying notary, whose testimony carries far greater credibility than that of a convicted offender.

Our corporate investigators in Stuttgart have repeatedly found that, especially in sensitive cases involving reputable companies seeking to protect their reputation and avoid additional legal expenses, a notarial acknowledgement of debt is the preferred option. It often benefits both parties: creditors receive their money faster (frequently through instalment arrangements linked directly to the acknowledgement), while debtors can avoid criminal prosecution and, depending on the case, imprisonment. In addition, both sides save on legal and court costs.

It should also be noted that there are private written acknowledgements of debt that are not certified by a notary. While these are legally valid, they cannot be enforced immediately and must first go through the usual judicial process. For this reason – and due to the witness issue mentioned above – Kurtz Private Investigation Agency Stuttgart always advises clients to have acknowledgements certified by a notary. We support you throughout the entire process: from case analysis, evidence gathering, and suspect interviews including negotiation of repayment terms, to the final notarisation with the notary of your or our choice.

Thinking Pragmatically: Better Compensation in the Bank Than the Thief Behind Bars

In the case mentioned above, our investigators achieved the first success after just a few days of surveillance: the two suspicious drivers were observed not only delivering goods to customers but also to three private addresses where food boxes were quickly and discreetly dropped off. These handovers, usually taking place at dusk near the end of their shifts, were documented by our surveillance team with photographic evidence. Further research revealed the identities of those receiving the misappropriated goods.

After the pattern repeated several times, our Stuttgart detectives, at the client’s request, confronted each of the two drivers separately under the presence of witnesses and presented them with the evidence of their misconduct. Confronted with clear photographic and video proof, both confessed immediately and admitted to diverting increasing quantities of food over the years for private buyers and events. They each agreed to terminate their employment and to sign a notarial acknowledgement of debt. The client thus obtained an enforceable right to compensation – including reimbursement of investigation costs – without any court proceedings. Both parties agreed on an instalment plan over 36 months to repay the total amount. In exchange, the company refrained from pressing criminal charges against the drivers themselves, though charges were filed against the recipients of the stolen goods.

Notarial Acknowledgement of Debt: The Fastest Route to Settle Any Claim

Is your company also suffering from major financial losses that cannot be explained by standard inventory errors or normal shrinkage but rather point to embezzlement or illicit resale? Do you suspect that one of your debtors possesses hidden assets to evade creditors or tax authorities?

Then contact our IHK-certified detectives in Stuttgart. Through surveillance, employee infiltration, covert questioning, and other investigative methods, we help you gather court-admissible evidence against offenders. If you wish for a swift and efficient resolution, our experienced investigators will also persuade the debtor that signing a notarial acknowledgement of debt is the best and simplest solution. For further information, please contact our detective agency in Stuttgart at +49 711 7153 0028.

All names and locations have been altered beyond recognition to protect the identities of clients and subjects involved.

Author: Maya Grünschloß, PhD

Kurtz Detective Agency Stuttgart | Germany

Königstraße 80

D-70173 Stuttgart

Tel.: +49 711 7153 0028

E-Mail: kontakt@kurtz-detektei-stuttgart.de

Web: https://www.kurtz-detektei-stuttgart.de/en

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