How does the judicial review actually work
The judicial dunning procedure
What is the judicial dunning procedure?
The dunning procedure is a simplified judicial procedure that enables creditors of a certain sum of money to quickly and inexpensively obtain the enforcement title required for enforcement. It has the advantage over a lawsuit that it is easier, faster and cheaper.
It is easier because it is largely carried out using forms in which the applicant only has to enter a little data such as the amount of the claim, the name and address of the respondent and the reason for the claim. Since the court does not check in the dunning procedure whether the alleged claim actually exists and verbal negotiations or taking evidence do not take place, the process is much faster. After all, the court fees are lower than in a normal lawsuit process.
The dunning procedure is a two-stage process. The first stage is the order for payment, against which the other party, i.e. the respondent, can raise an objection. If the respondent does not object, an enforcement order can be issued in a second stage at the request of the applicant. The respondent can appeal against the enforcement order.
If the parties have already argued in advance about the correctness or amount of the claim, a dunning procedure is usually not promising. Because then it is also likely that the respondent will raise or file an objection. In this case, it may make more sense to file a lawsuit immediately.
The dunning procedure is regulated by law in Sections 688-703d of the Code of Civil Procedure.
How can I apply for a payment order?
If, for example, you are entitled to a sum of money from a private person or a company, you can apply for a reminder to be issued. You can either conduct the dunning procedure yourself or have a lawyer represent you.
If you have your place of residence or your company headquarters in Lower Saxony and your respondent lives or is based in Germany, send your application to the central dunning court at the Uelzen district court.
Different variants are available for the application for the waiver of the dunning procedure.
On the one hand, the application can be created in paper form and sent to the dunning court by post. To do this, you can either get the official application form from the stationery store or generate a so-called barcode application on the portal www.online-mahnfrage.de, which you have to print out on white paper at the end of the entries.
Under certain conditions, the application can also be transmitted electronically as a data record. The application data records are generated from special industry / office software or via the www.online-mahnfrage.de portal and, depending on the type of transmission, are sometimes additionally provided with a qualified electronic signature (required: signature card and card reader). However, the electronic transmission of application data records can only take place via specially approved transmission channels (e.g. beA, EGVP, Governikus Communicator, from 01.01.18 DE-Mail, ...).
Transmission by email is therefore not permitted.
You can find more information on the individual application options and their requirements on the website of the Central Dunning Court. You can find help and examples for completing the application form on the website www.mahngerichte.de.
The district court will issue a dunning notice upon your request. It does not check whether the claim you claimed actually exists, but only whether you have completed the application in full and your details are conclusive. The order for payment notifies your defendant of the amount and for what reason you are demanding payment from him / her. In addition, your respondent will be asked to check the correctness of the claims and either to pay you the total amount claimed within two weeks or to raise an objection to the order for payment at the dunning court.
What does the dunning procedure cost and who bears these costs?
The dunning procedure results in court costs. The fee for the judicial dunning procedure already arises when the court receives the order for payment in full. The further course of the procedure no longer has any influence on the amount of the fee. This means that the court costs are to be paid in full even if the dunning procedure is not continued after receipt of the application, no dunning notice and / or enforcement notice is issued or the application is withdrawn.
The amount of the procedural fee depends on the value of the main claim (so-called value in dispute). The costs of a dunning procedure can be calculated using the cost calculator on the site (https://www.mahngerichte.de/ververfahrenhilfe/kostenrechner.html).
The applicant will be sent an invoice for the court costs with the notification that the order for payment has been issued. The applicant must first pay the costs himself. However, this cost amount is automatically included in the dunning notice in addition to the claims specified by the applicant in the application. The respondent therefore knows that the applicant party is also demanding reimbursement of the court costs incurred. The dunning procedure fee covers the entire procedure up to the issuance of the enforcement order.
If you want to apply for a payment order but cannot pay the costs, you may be able to apply for legal aid.
In the event that, after an objection or objection, a contentious procedure has to be carried out before the judge, further court costs may arise, which are usually ultimately borne by the losing party.
What should I do if I have received a payment order?
If you, as the respondent, have received a dunning notice, please first read the “Notes from the court” on the back of the dunning notice.
Make sure to check whether the claim listed in the dunning notice is justified, because the dunning court has not yet done this.If you are of the opinion that the claim listed in the dunning notice is wholly or partially unjustified, you can raise an objection. An objection form is attached to the payment order, which you can fill out and send back to the court. The dunning procedure is initially "stopped" when the objection is raised. If you or the applicant apply for this, the dunning procedure is then turned into a
judicial litigation transferred. Herethe court examines whether the alleged claim actually exists.The applicant must first justify the claim, after which you will be given the opportunity to comment.
If you consider the claim to be justified and want to settle it, please only make payments to the applicant party or their legal representative. If the applicant party's bank details are not given on the payment order and you do not know them from previous correspondence, please ask the other party. If you would like to make an installment payment and / or deferral agreement, please also contact the applicant party directly. The dunning court has no influence on payment agreements; this is a matter for the parties to each other.
You have at least 2 weeks to review the claim, raise the objection or pay the claim made to the applicant. It is precisely this period that the applicant must wait until he / she is allowed to continue the procedure with the application for an enforcement order. The objection period begins with the delivery of the dunning notice, i.e. the date that is noted on the outside of the yellow delivery envelope. This also applies if you take the letter out of the mailbox or open it later.
What is a writ of execution?
If the respondent party has not raised an objection to the order for payment and has not paid the claim either, the applicant can apply to the dunning court for an enforcement order to be issued. The applicant has six months after delivery of the order for payment to apply for an enforcement order, otherwise the order for payment will be ineffective.
The dunning court issues the enforcement order, which is served on the respondent. After delivery of the enforcement order, the respondent has the opportunity to appeal to the court of payment within a non-extendable period of 2 weeks from the delivery of the enforcement order. An objection has the consequence that the dunning procedure is immediately submitted to the court of dispute named in the dunning notice without a special request and a judicial dispute procedure is initiated there. In contrast to the procedure after the objection to the order for payment, the applicant has the option with the execution order to pursue the preliminary enforcement until the final decision of the trial court.
The enforcement order is an enforcement order. It identifies the applicant party named in the enforcement order as the creditor of a specific claim. With it, the creditor can now try to get his money forcibly. The applicant, as the creditor, must apply to the competent enforcement court himself / herself for measures of enforcement. The dunning court is no longer responsible for this.
The creditor himself decides whether, when and which enforcement measures are requested.
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