Debt collection

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Court Proceedings & Enforcement

If the debtor files an objection or an appeal against the order for payment or the enforcement order, the matter is generally referred to the competent court of general jurisdiction.

1. Objection vs. Appeal

Objection (against an order for payment):

• Must be filed within two weeks of receiving an order for payment.
• Purpose: Prevents the creditor from obtaining an enforcement order
• Consequence: The summary proceedings are halted
• Filed only upon request

Objection (against an enforcement order):

• Must be filed against an enforcement order within two weeks of service
• Purpose: To have the already issued title (enforcement order) set aside
• Consequence: The proceedings automatically transition to adversarial proceedings, even without a motion

If an objection or appeal has been filed, the jurisdiction of the central dunning court ends.

Action proceedings

In the context of action proceedings, the claim must be substantiated in detail and supported by relevant documentation. This includes, for example:

• Invoices
• Contracts
• Reminders
• Correspondence
• Proof of payment

The court reviews the submitted documents and sets deadlines for the opposing party to respond. Depending on the proceedings, a hearing may subsequently be scheduled. In certain cases, evidence is also taken.

At the end of the proceedings, the court issues a judgment or order.

Jurisdiction of the Courts

Which courts have jurisdiction depends primarily on the amount in dispute.

Local Court

• Amount in dispute up to €10,000.00
• Rental disputes regarding residential property
• Certain other statutory jurisdictions

You may represent yourself before the Local Court. A lawyer is not required.

If your command of the German language is insufficient to communicate during the hearing, you may notify the court in advance that you require an interpreter.

Regional Court

• Claims exceeding €10,000.00
• Special civil proceedings

You are required to be represented by a lawyer before the Regional Court.

Enforcement

If an enforceable title exists, such as an enforcement order or a judgment, the claim can be enforced.

Possible measures include, for example:

• Bank account garnishment
• Wage garnishment
• Engaging a bailiff
• Asset disclosure
• Seizure of property
• Installment payment agreement

The goal is to enforce the outstanding claim so that you can recover your money.

Our Support

We assist you with the organizational preparation and processing of your documents, from compiling the list of claims to preparing legal documents.

This includes, for example:

• Preparation of documents for attorneys or courts
• Structuring of invoices and supporting documents
• Assistance with forms and correspondence
• Preparation of debt overviews
• Documentation of outstanding debts
• Preparation of enforcement documents

and much more.

Note

We do not offer legal advice or legal representation within the meaning of the Legal Services Act (RDG). Legal reviews and representation are carried out exclusively by licensed attorneys or appropriately authorized bodies.

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