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Civil proceedings before the local court; information
In certain civil law disputes you can appeal to the local courts.
Forms
Forms
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Antrag auf ProzesskostenhilfeErklärung über die persönlichen und wirtschaftlichen Verhältnisse/Anlage zum Antrag auf Bewilligung der Prozesskostenhilfe (bundeseinheitliches Formular)
This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.
Responsible for you
Amtsgericht Altötting
Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
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Traunsteiner Str. 1a
84503 Altötting
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Postfach 1365
84497 Altötting
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Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
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Procedure details
Description
The local courts rule on civil law disputes concerning claims whose monetary value does not exceed € 5,000. In addition, the district court has exclusive jurisdiction for certain civil law disputes listed in Section 23 of the Courts Constitution Act, irrespective of the amount in dispute. In this respect, disputes relating to residential tenancies should be mentioned in particular. The local courts also have exclusive jurisdiction for family matters.
The local court with local jurisdiction for your civil case depends primarily on the subject matter of the action. Sections 12 to 37 of the Code of Civil Procedure contain the most important regulations on local jurisdiction. As a rule, the court in whose district the defendant is domiciled has jurisdiction.
In civil proceedings before the local court, you can represent yourself or instruct a lawyer to represent you. (Exception: In certain family court proceedings, a lawyer is mandatory). You can appeal against the judgment of the district court judge to the regional court if the value of the object of the appeal exceeds € 600 or if the district court has allowed the appeal in the judgment. You can appeal against final decisions in family cases to the Higher Regional Court.
Requirements
In civil proceedings before the local courts, the complaint must be submitted to the court in writing or submitted orally for the record of the responsible official at the legal application office. It is also possible to file an action as an electronic document using a qualified electronic signature or a simple signature and using a secure transmission channel in accordance with Section 130a (4) of the Code of Civil Procedure (e.g. via the court homepage with BayernID).
According to the Bavarian Conciliation Act, an attempt must be made to settle certain civil law disputes within the jurisdiction of the local courts (in particular neighborhood and honor disputes) out of court before an action is filed. Conciliators in Bavaria are all notaries, as well as certain lawyers who are approved by the bar associations as recognized conciliation bodies, as well as other conciliation bodies approved by the President of the Higher Regional Court of Munich. Further information on the conciliation procedure can be found on the website of the Bavarian State Ministry of Justice at www.justiz.bayern.de.
Fees
If the lawsuit is concluded by judgment, the court also decides which party has to bear the legal costs. The principle is that the losing party bears the costs of the legal dispute. The costs of a legal dispute are made up of the court costs (fees and expenses) and the extrajudicial costs (mainly lawyers' fees). The court costs are charged according to a schedule of costs and are generally based on the importance of the case, the so-called value in dispute.
A party who, due to their personal and financial circumstances, cannot afford the costs of the legal proceedings, can only afford them in part or only in installments, will receive legal aid upon application if the intended legal action or legal defence offers sufficient prospect of success and does not appear to be unreasonable. The application can either be made in writing to the court before which the proceedings are to be conducted, or it can be submitted to the court registry for the record. The application can also be submitted as an electronic document with a qualified electronic signature or by secure means of transmission in accordance with Section 130a (4) of the Code of Civil Procedure with a simple signature, for example via the court website using BayernID.
Status: 05.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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