All available in:
- Default judgment: judgment without examination if the defendant does not appear despite being duly summoned.
- Requirements: According to §§ 330 ff. ZPO, requires proper summons, default, application by the plaintiff, no reason for exclusion.
- Procedure: Plaintiff files application, court examines requirements, issues and serves default judgment.
- Objection: Defendant can lodge an objection within two weeks; proceedings continue.
- Consequences: Default judgment is enforceable; plaintiff can initiate enforcement proceedings.
- No substantive examination: judgment merely states that defendant is in default.
- Duty to respond: Defendants should respond to court summonses in good time in order to avoid default judgment.
A default judgment is a term used in legal terminology that refers to a judgment rendered by a court in the absence of a party who has been properly summoned but fails to appear. In Germany, the default judgment is an important component of civil procedure law. In this article, we will look in detail at the concept of default judgment in Germany, including the grounds for its issuance, the procedure and possible remedies.
Definition and basics
A default judgment is issued in Germany in accordance with the German Code of Civil Procedure (ZPO). This is a judgment that is rendered without an oral hearing and without an examination of the factual and legal situation because the defendant did not appear in court despite being properly summoned or did not file an objection to an order for payment in due time.
Requirements for a default judgment
The requirements for the issuance of a default judgment in Germany are governed by Sections 330 et seq. ZPO. These include:
- Proper summons: The defendant must have been properly summoned.
- Defendant’s default: The defendant must either fail to appear in court at all or fail to appear on time.
- Plaintiff’s Motion: The plaintiff must file a motion for default judgment.
- No ground for exclusion: there must be no ground for exclusion that prevents the court from entering a default judgment.
Procedure
If the defendant fails to appear in court, the plaintiff may file an oral or written motion for default judgment. The court checks whether the requirements are met and then issues the default judgment. The judgment shall be served on the defendant.
Appeal against the judgment by default
The defendant has the option to appeal the default judgment. This must be done within two weeks of service of the judgment (Section 339 of the Code of Civil Procedure). If the appeal is filed in time, the proceedings will continue and a hearing will be held.
Consequences of a default judgment
A default judgment has the same effect as a regular judgment and is enforceable. This means that the plaintiff can take action to foreclose if the defendant does not voluntarily perform.
Special features and practical tips
It is important to note that a default judgment does not mean that the court has considered the substance of the plaintiff’s claims. It merely finds that the defendant is in default.
It is advisable for the defendant to respond in a timely manner upon receipt of a court summons in order to avoid a default judgment. If a default judgment is issued, it is important to be aware of the time limits for appeals and to seek legal assistance if necessary.
For the plaintiff, a default judgment can be an effective way to obtain a judgment quickly if the defendant does not cooperate. However, it is important to remember that a default judgment can be appealed and the proceedings can then become protracted.
Summary
The default judgment is an important component of German civil procedure law. It allows a judgment to be obtained if the defendant does not appear in court. However, it is not a substantive judgment and may be appealed by the defendant. Both plaintiffs and defendants should be aware of the requirements, procedure, and consequences of a default judgment and seek legal assistance as appropriate.
Relevant laws
- Code of Civil Procedure (ZPO), in particular §§ 330 et seq.
Important terms
- Default judgment
- Default of the defendant
- Proper charge
- Appeals
- Code of Civil Procedure (ZPO)
- Enforcement
