Dunning proceedings; application for the issuance of a dunning order

The dunning procedure is a simple and cheap way to help the creditor obtain justice against the debtor. It is intended to avoid often lengthy and expensive litigation in court.

Description

Only claims for payment of a certain sum of money in euros can be asserted in dunning proceedings. If, for example, you wish to enforce the delivery of goods or the eviction from your home by court order, the order for payment procedure is not permitted.

The special feature of the dunning 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 a dunning notice, which is served on the defendant ex officio. If your defendant lodges an objection, the proceedings will be transferred to the trial court with jurisdiction over the dispute if you or the defendant request that contentious proceedings be conducted. The claim will then be decided by way of contested civil proceedings.

If the defendant does not file an objection to the order for payment within the two-week objection period, you can apply to the Central Order for Payment Court for an enforcement order to be issued. If the defendant files an objection to the enforcement notice, the case will be transferred ex officio to the competent trial court. Otherwise, the enforcement notice becomes final upon expiry of the two-week objection period. You can pursue compulsory enforcement against the defendant on the basis of the enforcement notice.

Further information on the dunning procedure can be found in the leaflet "Mahnverfahren - ein kurzer Prozess" and the brochure "Die maschinelle Bearbeitung des gerichtlichen Mahnverfahrens", which you can order via the Bavarian Administrative Portal or download free of charge as a pdf file (see "Further links").

Further information on enforcement (following the issue of an enforcement notice) can be found in the brochure "Die Zwangsvollstreckung" (Enforcement), which can also be ordered via the Bavarian Administrative Portal or downloaded free of charge as a pdf file (see "Related Links").

Prerequisites

The easiest way 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 (laser printer). A form is not required for this purpose. Please send the printed application for the issuance of 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.

It is also possible to send documents to the court electronically using a secure transmission channel (especially electronic lawyer's mailbox [beA], De-Mail, etc.). Holders of a chip card with a qualified digital signature can also send the application recorded on the Internet to the order for payment court online without having to print it out.

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 local court at your place of residence.

Lawyers and persons registered in accordance with Section 10 (1) Sentence 1 No. 1 of the Legal Services Act 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 procedures

  • Online-Mahnantrag - Antrag auf Erlass eines Mahnbescheids

    Citizens, but in particular 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. With the interactive form, applicants can 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 signature or with a simple digital signature via a secure transmission channel over the Internet.

Fees

  • 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 to be paid at the time the application is filed, but only after receipt of a bill of costs.

Legal bases

Remedy

Objection or opposition

The opposition or objection must be submitted 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 a simple signature and transmission by a secure means of transmission in accordance with Section 130a (4) of the Code of Civil Procedure.

Status: 07.04.2022

Responsible for editing: Bayerisches Staatsministerium der Justiz

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  • 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
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