Dunning notice / Enforcement notice

An order to pay and an enforcement order are important instruments in the German legal system that enable creditors to assert and enforce claims against debtors. In this article, we will look at these two terms in detail, explaining their meaning, the process and the consequences.

Dunning notice

Definition

A default summons is a court letter that notifies a debtor that a creditor has a claim against him. The order for payment is the first step in a simplified judicial procedure known as the order for payment procedure.

Process

The process begins when the creditor files an application for an order for payment with the competent order for payment court. The application must contain the amount of the claim and the identity of the debtor. The court does not examine the content of the application, but merely ensures that it is formally correct.

After the order for payment has been issued, it is served on the debtor. The debtor then has two weeks to file an objection. If the debtor does not file an objection, the creditor may apply for an enforcement order.

Consequences

If the debtor files an objection, the dunning procedure ends and regular legal proceedings can be initiated. If no objection is filed, the creditor can enforce the claim by means of an enforcement notice.

Enforcement notice

Definition

A writ of execution is a court document that enables the creditor to enforce the claim by force if the debtor has not filed an objection against the writ of execution.

Process

The creditor may apply for the enforcement order if the debtor has not filed an objection against the order for payment. The enforcement order is issued by the court and served on the debtor.

Here, too, the debtor has the opportunity to file an objection within two weeks. If no appeal is filed, the enforcement notice becomes final and the creditor can begin enforcement proceedings.

Consequences

The writ of execution enables the creditor to carry out enforcement measures such as the garnishment of salary or bank accounts. The debtor may also be entered into Schufa, which affects his creditworthiness.

Summary

The order for payment and the enforcement order are important instruments in German law that enable claims to be asserted and enforced in a simplified manner. It is important that both creditors and debtors understand the importance of these notices, the process and the possible consequences. For creditors, they offer an efficient way to enforce claims. Debtors should respond quickly to dunning and enforcement notices to avoid additional costs and negative effects on their creditworthiness.

Relevant laws

• Code of Civil Procedure (ZPO), in particular §§ 688 ff. for dunning proceedings
• Judicial Officers’ Regulations (GVO) for the execution of judgments

Important terms

• Dunning notice
• Enforcement notice
• Dunning procedure
• Foreclosure
• Opposition
• Objection
• Demand
• Creditor
• Debtor
• Attachment

Note

It is important to note that the dunning procedure and obtaining an enforcement order are legal steps that can have serious consequences. It is strongly recommended that you seek legal advice when asserting claims or dealing with dunning and enforcement notices.