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Dunning procedure; information on the objection

You can lodge an objection or appeal against a default summons or enforcement order.

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Amtsgericht Coburg
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Procedure details

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 a payment order. In dunning proceedings, the court does not check whether the claim actually exists. Anyone who receives a payment order or enforcement order must therefore check for themselves whether they actually owe the creditor the sum of money stated therein.

If the claim stated in the reminder notice actually exists and you have no counterclaims against the creditor, you should pay quickly in order to avoid further legal costs and possible enforcement. If you believe that the claim is unjustified, you can lodge an objection. You can also file an objection for only a partial amount if you believe that the claim exists, but not in the amount claimed. If you file an objection in good time, the proceedings will be transferred to the court with jurisdiction for the legal dispute and transferred to civil proceedings. As a rule, the local or regional court in whose district you reside has jurisdiction for civil proceedings.

If you have not lodged an objection or have not lodged an objection in good time and have not paid the claim, you will be served with an enforcement order at the creditor's request. The creditor can use the enforcement order to enforce the debt against you. However, you have the option of lodging a written objection to the enforcement order as soon as it is served. In this case, the proceedings will turn into contentious civil proceedings.

Further information on the dunning procedure can be found in the leaflet "Dunning procedure - a short process", which you can download free of charge.

The objection to an order for payment must be lodged in writing with the court that issued the order for payment. It is advisable to use the form attached to the order for payment or to create an objection with a barcode via the website www.online-mahnantrag.de under the menu item "Follow-up applications", which you must print out, sign and send to the responsible court.

The period for lodging an objection begins with the service of the order for payment, the period for lodging an objection begins with the service of the enforcement order. The respective time limit is two weeks in the case of a dunning notice or enforcement order issued by the local court and one week in the case of a dunning notice or enforcement order issued by the labor court. A late objection will be treated as an objection to the enforcement order issued on the basis of the dunning notice.

Objection or appeal

Status: 24.06.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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