Dunning procedure; information on the objection

You can lodge an objection or appeal against a reminder or enforcement notice.

Description

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 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.

Prerequisites

An objection to an order for payment must be filed in writing with the court that issued the order for payment. It is advisable to use the form enclosed with the order for payment to file the objection or to create an objection with a barcode via the website www.online-mahnantrag.de under the menu item "Subsequent applications", which you must print out, sign and send to the competent order for payment court.

Deadlines

The time limit for lodging an objection begins with the service of the order for payment, the time limit for lodging an objection begins with the service of the enforcement notice. The respective time limit is two weeks in the case of an order for payment or enforcement issued by the Local Court, and one week in the case of an order for payment or enforcement issued by the Labor Court. A late objection shall be deemed to be an objection to the enforcement notice issued on the basis of the order for payment.

Legal bases

Remedy

Objection or opposition

Links to more information

Status: 19.05.2022

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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