Claims for payment of a certain sum of money in euros can, with a few exceptions, be asserted by the claimant in court by way of an order to pay. In order for payment proceedings, the court does not check whether the claimed entitlement actually exists. Anyone who receives an order to pay or enforcement notice must therefore check for themselves whether they actually owe the creditor the sum of money stated in the notice.
If the claim stated in the default summons actually exists and you have no counterclaims against the creditor, you should pay quickly in order to avoid further procedural costs and possible enforcement. If you believe that the claim is unjustified, you can file an objection. You can also file an objection for only a partial amount if you believe the claim exists but not in the amount claimed. After an objection has been lodged in good time, the proceedings will be transferred to the court with jurisdiction for the legal dispute on request and transferred to civil proceedings. As a rule, the local or regional court in whose district you are domiciled has jurisdiction for the civil proceedings.
If you have not lodged an objection or have not lodged an objection in time and have not paid the claim, you will be served with an enforcement notice at the request of the creditor. The creditor can enforce the judgment against you on the basis of the enforcement notice. However, you have the option of lodging a written objection against the enforcement notice from the time of service. In this case, the proceedings will be transferred to a contentious civil action.
Further information on the order for payment procedure can be found in the leaflet "Order for payment procedure - a short process", which you can download free of charge.
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