How the payment order procedure works
The application is filed electronically with the Mahngericht. The court checks only the formalities — not whether the claim is justified — and serves the payment order on the debtor, who has 2 weeks to object (Widerspruch). If the debtor stays silent, an enforcement order (Vollstreckungsbescheid) follows on application — and without a timely objection it becomes an enforceable title.
Strengths and limits
- much cheaper than a lawsuit and a simple way to suspend the limitation period,
- fast: against a passive debtor the title arrives within weeks,
- but: after an objection the case goes to ordinary litigation anyway — lost time if resistance was foreseeable,
- unsuitable for non-monetary claims and weak in quality disputes (e.g. construction defect retentions).
Payment order or straight to court?
A strategic question: we evaluate the documents, the debtor’s excuses so far and their asset situation. A proven pattern: a lawyer’s demand letter with a short deadline, then a payment order against a hiding debtor or a lawsuit where objections are foreseeable. Cross-border we consider the European order for payment.
The 2-week objection period cuts both ways
If YOU received a Mahnbescheid, do not ignore it: once the enforcement order becomes final, defence is barely possible. React within the deadline.