Dunning proceedings; application for the issuance of a dunning order
The dunning procedure is a simple and inexpensive way for the creditor to obtain justice against the debtor. It is intended to avoid often lengthy and expensive litigation in court.
Only claims for payment of a certain sum of money in euros can be asserted in dunning proceedings. If, for example, you want to enforce the delivery of goods or the eviction from your home, the order for payment procedure is not permitted.
The special feature of the order for payment procedure is that the court does not check whether the creditor is actually entitled to the claim asserted. Anyone who receives an order to pay must therefore check for themselves whether they owe the creditor the sum of money stated therein.
Upon your proper application, the Central Dunning Court issues an order to pay, which is served on the defendant ex officio. If your defendant files a timely objection, the proceedings will be transferred to the trial court designated in the order for payment request if you or the defendant request that the adversary proceedings be conducted. If the parties agree that the proceedings shall be transferred to another trial court, the proceedings shall be transferred to that court. The surrender is associated with further court costs. The claim will then be decided by way of contentious civil proceedings.
If the defendant does not lodge an objection to the order for payment within the generally two-week objection period (in labor court proceedings the objection period is only one week), you can apply to the Central Order for Payment Court for a writ of execution to be issued. If the defendant files an objection to the enforcement order, the case will be transferred ex officio to the trial court designated in the order request. If the parties agree that the case shall be transferred to another trial court, the case shall be transferred to that court. Otherwise, the enforcement order shall become final upon expiry of the generally two-week objection period (in labor court proceedings the objection period is only one week). You can pursue enforcement against the defendant from the enforcement notice.
Further information on the dunning procedure can be found on the website of the German dunning courts(www.mahngerichte.de) and in the leaflet "Mahnverfahren - ein kurzer Prozess" and the brochure "Die maschinelle Bearbeitung des gerichtlichen Mahnverfahrens" (see "Further links").
Further information on enforcement (following the issue of an enforcement notice) can be found in the brochure "Die Zwangsvollstreckung" (see "Further links").
The easiest way for citizens to submit an application is via the online dunning application procedure(www.online-mahnantrag.de).
With the help of interactive user guidance, applications for the issuance of an order for payment can be entered on the Internet, checked for plausibility and then printed out on normal white paper for submission to the order for payment court. The program also prints out a barcode that can be read automatically in the dunning court. It is important to print in good quality (e.g. laser printer). A form is not required for this. Please send the printed application for the order for payment - unfolded in a DIN A4 envelope - by mail to the Central Order for Payment Court Coburg, Heiligkreuzstraße 22, 96450 Coburg (phone: 09561/878-5). It is also possible to submit subsequent applications or to lodge an objection in this way.
Electronic transmission to the court is also possible by means of a secure transmission channel within the meaning of Section 130a (4) of the Code of Civil Procedure (ZPO), e.g. via the special electronic lawyer's mailbox or via the court homepage with the BayernID. Holders of a chip card with a qualified digital signature can also send the application recorded on the Internet to the court for payment orders online without having to print it out. Further information can be found on the website www.online-mahnantrag.de under the tab "Print/Sign", there in the sub-tab "EDA-Download".
If you do not wish to use the "Online Dunning Application", you will need a special application form, which is available in paper and stationery shops, to submit the application because it is processed by machine. Please make sure that you use the valid version (currently version 01.07.2017) of the application form. The completed form must be sent to the Central Dunning Court at the Coburg Local Court (Heiligkreuzstraße 22, 96450 Coburg, telephone: 09561-878-5). If you have difficulties filling out the form, you can contact the legal application office [LM1] at the local court in your place of residence.
Lawyers, persons registered under Section 10 (1) Sentence 1 No. 1 of the Legal Services Act, public authorities and legal persons under public law[AMD1] may only submit applications in machine-readable form, i.e. online via the dunning procedure described above or by way of online application from professional dunning software.
Online-Mahnantrag - Antrag auf Erlass eines Mahnbescheids
Citizens, but especially companies and tradesmen who do not have their own special dunning software, can use the online dunning application procedure to submit an application via the Internet. Applicants can use the interactive form to enter applications for the issuance of a dunning notice on the Internet. The application can be sent to the Coburg Central Dunning Court with a qualified digital electronic signature or with a simple digital signature via a secure transmission channel within the meaning of Section 130a (4) of the German Code of Civil Procedure (ZPO).
Court costs are charged for the execution of the dunning procedure, the amount of which depends on the amount of the claim asserted. The court costs are not payable at the time of filing the claim, but only after receipt of a bill of costs. A table of court costs can be found on the website www.online-mahnantrag.de under the tab "Help", there in the sub-tab "Table of court costs". The submission to the court of dispute is associated with further court costs.
Objection or opposition
The opposition or objection must be submitted by the citizen in writing and cannot be submitted by e-mail. Submission as an electronic document is only permissible by means of a qualified electronic signature or by transmission via a secure means of transmission within the meaning of Section 130a (4) of the Code of Civil Procedure in conjunction with a simple digital signature (for example, via the court homepage using the BayernID).
Links to more information
Responsible for editing: Bayerisches Staatsministerium der Justiz
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited