Payment order - Mahnverfahren
December 14, 2022
The payment order (judicial dunning procedure) according to sections 688 cont. of the German Code of Civil Procedure (ZPO) is only indirectly related to the reminder. ZPO. This is a special type of procedure through which the creditor of a monetary claim can obtain an enforcement title relatively quickly and cheaply. This can only be achieved if the defendant does not appeal, otherwise ordinary proceedings are conducted. It is therefore only worthwhile to apply for an default summons in the case of presumably undisputed claims that have not yet been fulfilled.
Only claims for the payment of a certain sum of money in euros can be enforced. An application must be filed with the district courts (AG) responsible for the default action, whereby the federal states have made use of their option to set up central courts for default actions (Berlin: Amtsgericht Wedding = Wedding district court). If the claim is sufficiently specific, the court issues the required default summons. The defendant is not heard. However, he/she has two weeks after service to enter an objection. If he/she files an objection, the proceedings will be transferred to the competent court on request and continued there. The applicant must then justify his/her claim as in a statement of claim. Upon receipt of the statement of grounds, the procedure shall be the same as after receipt of a statement of claim. If the defendant does not appeal in time, the court shall issue an enforcement order upon application. An objection may be filed against this within two weeks after service. The contentious proceedings shall then take place. If no objection is filed, the enforcement order becomes final and can be executed.